§ 5-8-20. Violations and penalties — Enforcement — Injunctions.
(a) No individual shall: (1) Practice or offer to practice engineering in this state;
(2) Use any title, sign, card, or device implying that the individual is an engineer
or is competent to practice engineering 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 engineer or is competent to practice engineering
in this state; or (4) Use or display any words, letters, figures, seals, or advertisements
indicating that the individual is an engineer or is competent to practice engineering
in this state; unless that individual holds a currently valid certificate issued pursuant
to this chapter or is specifically exempted from the certificate requirement 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 engineering 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 engineering 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 engineering firm or is competent to practice engineering in
this state; or (4) Use or display any words, letters, figures, seals, or advertisements
indicating that the entity is an engineering firm or is competent to practice engineering
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) 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 or employee thereof 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 board in
connection with the proceedings, including attorney's fees, which amount 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 § 5-8-1. 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:
(1) Upon good cause shown, reimburse the department for any and all fees, expenses, and
costs incurred by the board and/or the department 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.
(e) It is the duty of all constituted officers of the state and all political subdivisions
of the state to enforce the provisions of this chapter and to prosecute any persons
violating those provisions.
(f) The department shall make its legal staff available to act as legal adviser to the
board and render any legal assistance that is necessary in carrying out the provisions
of this chapter. The director may employ counsel and necessary assistance to aid in
the enforcement of this chapter, and their compensation and expenses shall be paid
from funds as provided in § 5-8-23.