§ 5-1-7 - Practice prohibited – Criminal penalties – Injunctions.
SECTION 5-1-7
§ 5-1-7 Practice prohibited –Criminal penalties – Injunctions. – (a) No individual shall:
(1) Practice or offer to practice architecture in this state;
(2) Use any title, sign, card, or device implying that theindividual is an architect or is competent to practice architecture in thisstate;
(3) Use in connection with his or her name or otherwise anytitle or description conveying or tending to convey the impression that theindividual is an architect or is competent to practice architecture in thisstate; or
(4) Use or display any words, letters, figures, seals, oradvertisements indicating or implying that the individual is an architect or iscompetent to practice architecture in this state, unless that individual holdsa currently valid certificate of registration/authorization issued pursuant tothis chapter or is specifically exempted from holding a certificate under theprovisions of this chapter.
(b) No sole proprietorship, partnership, limited liabilitypartnership corporation, or limited liability company shall:
(1) Practice or offer to practice architecture in this state;
(2) Use any title, sign, card, or device implying that thesole proprietorship, partnership, limited liability partnership, corporation,or limited liability company is competent to practice architecture in thisstate;
(3) Use in connection with its name, or otherwise, any titleor description conveying or tending to convey the impression that the entity isan architectural firm or is competent to practice architecture in this state; or
(4) Use or display any words, letters, figures, seals, oradvertisements indicating that the entity is an architectural firm or iscompetent to practice architecture in this state, unless that soleproprietorship, partnership, limited liability partnership, corporation, orlimited liability company complies with the requirements of this chapter.
(c) Any individual, sole proprietorship, limited liabilitypartnership, corporation, or limited liability company which: (1) violatessubsection (a) or (b) of this section; (2) presents or attempts to use thecertificate of registration/authorization of another; (3) gives any false orforged evidence of any kind to the board or to any member of the board inobtaining or attempting to obtain a certificate of registration/authorization;(4) falsely impersonates any other registrant whether of a like or differentname; (5) uses or attempts to use an expired, revoked, or nonexistentcertificate of registration/authorization; (6) falsely claims to be registeredunder this chapter; or (7) otherwise violates any provision of this chapter; isguilty of a misdemeanor, and upon conviction by a court of competentjurisdiction, shall be sentenced to pay a fine of not more than one thousanddollars ($1,000) for the first offense and a fine of not less than one thousanddollars ($1,000) nor more than two thousand dollars ($2,000) for eachsubsequent offense, or imprisonment for not more than one year, or both; and inthe court's discretion and upon good cause shown, reimburse the board for anyand all fees, expenses, and costs incurred by the board in connection with theproceedings, including attorneys fees (which amounts shall be deposited asgeneral revenues); and be subject to, in the board's discretion, public censureor reprimand.
(d) The board has the power to institute injunctionproceedings in superior court to prevent violations of subsection (a) or (b) orviolations of § 5-1-12. In injunction proceedings, the board is notrequired to prove that an adequate remedy at law does not exist, or thatsubstantial or irreparable damage would result from continued violations. Thesuperior court, in its discretion and in addition to any injunctive reliefgranted to the board, may order that any person or entity in violation of thissection shall:
(1) Upon good cause shown, reimburse the board for any andall fees, expenses, and costs incurred by the board in connection with theproceedings, including attorneys fees (which amounts shall be deposited asgeneral revenues); and/or
(2) Be subject to public censure or reprimand.