§ 5-1-13.1 - Initiation of proceedings – Hearings before the board – Appeals – Notice to other states.
SECTION 5-1-13.1
§ 5-1-13.1 Initiation of proceedings– Hearings before the board – Appeals – Notice to other states.– (a) The board may initiate proceedings under this chapter against holders of acertificate of registration and/or a certificate of authorization (subsequentlyreferred to as a licensee or licensees) either on its own motion, or oncomplaint of any person, upon a finding of probable cause by a probable causecommittee appointed by the board pursuant to § 5-1-5, or upon receivingnotification from another state board of architects or from the appropriateauthority in another country or jurisdiction of its decision to:
(1) Revoke, suspend, annul, or refuse to renew the practiceprivileges granted in that state or in that country or jurisdiction to thelicensee; or
(2) Publicly censure, or censure in writing, limit the scopeof practice of, impose an administrative fine upon, or place on probation thelicensee.
(b) A written notice stating the nature of the charge orcharges against the licensee and the time and place of the hearing before theboard 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 ofthe notice by certified mail, return receipt requested, to the address of thelicensee last known to the board.
(c) If, after being served with the notice of hearing asprovided for in this section, the licensee fails to appear at the hearing andto defend against the stated charges, the board may proceed to hear evidenceagainst the licensee and may enter any order that is justified by the evidence.That order is final unless the licensee petitions for a review of it asprovided in this section; provided, that within thirty (30) days from the dateof any order, upon a showing of good cause for failing to appear and defend,the board may reopen the proceedings and may permit the licensee to submitevidence in his, her or on its behalf.
(d) At any hearing pursuant to this section, the licensee may:
(i) Appear in person or be represented by counsel;
(ii) Produce evidence and witnesses on his, her, or itsbehalf;
(iii) Cross examine witnesses; and
(iv) Examine the evidence that is produced.
(2) A sole proprietorship may be represented before the boardby counsel or by the sole proprietor. A partnership or limited liabilitypartnership may be represented before the board by counsel or any partner ofthe partnership. A corporation may be represented by counsel before the boardor by any shareholder, officer or director of the corporation. A limitedliability company may be represented before the board by counsel or by anymember or manager of the limited liability company. The licensee is entitled,upon written application to the board, to the issuance of subpoenas to compelthe attendance of witnesses on the licensee's behalf.
(e) The board or any member of the board may issue subpoenasto compel the attendance of witnesses and the production of documents and mayadminister oaths, take testimony, hear proofs and receive exhibits in evidencein connection with or upon hearing pursuant to this chapter. In case ofdisobedience to a subpoena, the board may petition the superior court torequire the attendance and testimony of witnesses and the production ofdocumentary evidence.
(f) The board is not bound by strict rules of procedure or bylaws of evidence in the conduct of its proceedings, but any determination ofthe board is based upon sufficient legal evidence to sustain the determination.
(g) A stenographic record of all hearings pursuant to thissection shall be kept and a transcript of the record filed with the board.
(h) The decision of the board shall be made by vote inaccordance with the rules and regulations established under § 5-1-5.
(i) Any appeal from the decision of the board, by a person orpersons adversely affected by the decision, is governed by § 42-35-15.
(j) On rendering a decision to: (1) revoke, suspend, annul,or refuse to renew a certificate of registration issued under the laws of thisstate; (2) revoke, suspend, or refuse to renew a certificate of authorizationissued under the laws of this state; or (3) publicly censure, censure inwriting, limit the scope of practice of, impose an administrative fine upon, orplace on probation a licensee, the board shall examine its records to determinewhether the licensee holds a certificate of registration or a certificate ofauthorization to practice in any other state, country, or jurisdiction. If theboard determines that the licensee in fact holds a certificate of registrationor certificate of authorization, the board shall immediately notify the boardof architecture of the other state, country, or jurisdiction by mail of itsdecision pursuant to this section, and include in the notice an indication asto whether or not the licensee has appealed the decision.
(k) The board may, in its discretion, order any licenseeagainst whom proceedings have been initiated under §§ 5-1-13 and5-1-13.1 to reimburse the board for any fees, expenses, and costs incurred bythe board in connection with the proceedings, including attorneys fees. Thesefees shall be paid within thirty (30) days from the date they are assessed andmay be reviewed in accordance with § 42-35-15, and deposited as generalrevenues.
(l) The board may, in its discretion, issue a certificate ofregistration or certificate ofauthorization to any applicant denied acertificate of registration or certificate of authorization, under any of theprovisions of this section upon presentation of suitable evidence.
(m) The attorney general or his or her deputy shall act aslegal advisor to the board and render any legal assistance that is necessary incarrying out the provisions of this chapter. The board may employ other counseland obtain other necessary assistance to be appointed by the governor to aid inthe enforcement of this chapter, and the compensation and expenses for theemployment shall be paid from the fund of the board.