§ 5-51-17.1. Initiation of proceedings — Hearings before the board — Appeals — Notice to other
states.
(a) The director may initiate proceedings under this chapter against holders of a license
and/or certificate of authorization (hereafter referred to as licensee(s)) either
on his or her own motion, upon recommendation of the board, on complaint of any person,
or upon receiving notification from another state board of landscape architects or
from the appropriate authority in another country or jurisdiction, of its decision
to:
(1) Revoke, suspend, or refuse to renew the practice privileges granted in that state
or in that country or jurisdiction to the licensee; or
(2) Publicly censure, or censure in writing, limit the scope of practice of, impose an
administrative fine upon, or place on probation the licensee.
(b) A written notice stating the nature of the charge or charges against the licensee
and the time and place of the hearing before the department on the charges shall be
served on the licensee not less than twenty (20) days prior to the date of the hearing
either personally or by mailing a copy of the notice by certified mail, return receipt
requested, to the address of the licensee last known to the board.
(c) If, after being served with the notice of hearing as provided for in this section,
the licensee fails to appear at the hearing and to defend against the stated charges,
the director may proceed to hear evidence against the licensee and may enter any order
that is justified by the evidence. An order shall be final unless the licensee petitions
for a review of the order as provided in this section. Within thirty (30) days from
the date of any order, upon a showing of good cause for failing to appear and defend,
the director may reopen the proceedings and may permit the licensee to submit evidence
in his, her, or on its behalf.
(d) At any hearing under this section, the licensee may: (1) Appear in person or be represented
by counsel; (2) Produce evidence and witnesses on his, her, or its behalf; (3) Cross-examine
witnesses; and (4) Examine any evidence that might be produced. A sole proprietorship
may be represented by counsel before the board or department, or by the sole proprietor.
A partnership or limited-liability partnership may be represented before the board
or department by counsel or any partner. A corporation may be represented by counsel
before the board or department, or any shareholder, officer, or director of the corporation.
A limited-liability company may be represented before the board or department by counsel
or any member or manager of the limited-liability company. The licensee shall be entitled,
upon written application to the department, to the issuance of subpoenas to compel
the attendance of witnesses on the licensee's behalf.
(e) The director may issue subpoenas to compel the attendance of witnesses and the production
of documents and may administer oaths, take testimony, hear proofs, and receive exhibits
in evidence in connection with or upon hearing under this chapter. In case of disobedience
to a subpoena, the director may petition the superior court to require the attendance
and testimony of witnesses and the production of documentary evidence.
(f) The director shall not be bound by strict rules of procedure or by laws of evidence
in the conduct of its proceedings, but any determination of the board shall be based
upon sufficient legal evidence to sustain the determination.
(g) Recordings of all hearings under this section shall be in accordance with the rules
and regulations established by the department's rules of procedure for administrative
hearings.
(h) The board may participate in formal proceedings before the director through representation
by the department's legal staff acting as the prosecuting agent before the director.
(i) Any appeal from the decision of the department, by a person or persons adversely affected
by the decision, shall be governed by § 42-35-15.
(j) On the director rendering a decision to: (1) Revoke or suspend a license issued under
the laws of this state; (2) Revoke or suspend a certificate of authorization issued
under the laws of this state; or (3) Publicly censure, censure in writing, limit the
scope of practice of, impose an administrative fine upon, or place on probation a
licensee, the board shall examine its records to determine whether the licensee holds
a license or a certificate of authorization to practice in any other state or country
or jurisdiction. If the board determines that the licensee in fact holds a license
or certificate of authorization, the board shall immediately notify the board of landscape
architecture of the other state or country or jurisdiction by mail of the director's
decision under this section, and shall include in the notice an indication as to whether
or not the licensee has appealed the decision.
(k) The director may, in his or her discretion, order any licensee against whom proceedings
have been initiated under this chapter to, upon good cause shown, reimburse the department
and/or board for any and all fees, expenses, and costs incurred by the department
in connection with these proceedings, including attorney's fees. The fees shall be
paid within thirty (30) days from the date they are assessed and may be reviewed in
accordance with § 42-35-15, and shall be deposited as general revenues.
(l) The department shall make its legal staff available to act as legal advisor to the
board and shall render any legal assistance that may be necessary in carrying out
the provisions of this chapter. The director may employ other counsel and obtain other
necessary assistance to be appointed by the governor to aid in the enforcement of
this chapter, and the compensation and expenses shall be paid from the fund of the
department.
(m) Nothing herein shall be construed to prevent the board from entering into consent
agreements or informal resolutions with any party under investigation for violations
under this chapter and/or chapter 84 of this title.