§ 5-8.1-17. Board of registration for professional land surveyors — Violations and penalties —
Injunctions.
(a) No individual shall: (1) Practice or offer to practice land surveying in this state;
(2) Use any title, sign, card, or device implying that the individual is a land surveyor
or is competent to practice land surveying 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 a land surveyor or is competent to practice
land surveying in this state; or (4) Use or display any words, letters, figures, seals,
or advertisements indicating that the individual is a land surveyor or is competent
to practice land surveying 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) It shall be the duty of all duly constituted officers of this state and all political
subdivisions of the state to enforce the provisions of this chapter and to prosecute
any persons violating those provisions.
(c) No sole proprietorship, partnership, limited-liability partnership, corporation, or
limited-liability company shall: (1) Practice or offer to practice land surveying
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 land surveying 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 land surveying firm or is competent to practice land
surveying in this state; or (4) Use or display any words, letters, figures, seals,
or advertisements indicating that the entity is a land surveying firm or is competent
to practice land surveying in this state; unless that sole proprietorship, partnership,
limited-liability partnership, corporation, or limited-liability company complies
with the requirements of this chapter.
(d) Any individual, sole proprietorship, partnership, limited-liability partnership, corporation,
or limited-liability company which knowingly and willfully: (1) Violates subsection
(a) or (c) 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 and/or
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; shall be guilty
of a misdemeanor and, upon conviction by a court of competent jurisdiction, shall
be sentenced to pay a fine of not more than four thousand dollars ($4,000) for the
first offense and a fine of not less than four thousand dollars ($4,000) nor more
than ten thousand dollars ($10,000) for each subsequent offense, or imprisonment for
not more than one year, or both; in the court's discretion and upon good cause shown
reimburse the department and/or board 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.
(e) 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 (c) of this section or violations of § 5-8.1-1. 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.