§ 5-8.1-17 - Board of registration for professional land surveyors – Violations and penalties – Injunctions.
SECTION 5-8.1-17
§ 5-8.1-17 Board of registration forprofessional land surveyors – Violations and penalties – Injunctions.– (a) No individual shall: (1) practice or offer to practice land surveying inthis state; (2) use any title, sign, card, or device implying that theindividual is a land surveyor or is competent to practice land surveying inthis state; (3) use in connection with his or her name or otherwise any titleor description conveying or tending to convey the impression that theindividual is a land surveyor or is competent to practice land surveying inthis state; or (4) use or display any words, letters, figures, seals, oradvertisements indicating that the individual is a land surveyor or iscompetent to practice land surveying in this state; unless that individualholds a currently valid certificate issued pursuant to this chapter or isspecifically exempted from the certificate requirement under the provisions ofthis chapter.
(b) It shall be the duty of all duly constituted officers ofthis state and all political subdivisions of the state to enforce theprovisions of this chapter and to prosecute any persons violating thoseprovisions.
(c) No sole proprietorship, partnership, limited liabilitypartnership, corporation or limited liability company shall: (1) practice oroffer to practice land surveying in this state; (2) use any title, sign, card,or device implying that the sole proprietorship, partnership, limited liabilitypartnership, corporation or limited liability company is competent to practiceland surveying in this state; (3) use in connection with its name or otherwiseany title or description conveying or tending to convey the impression that theentity is a land surveying firm or is competent to practice land surveying inthis state; or (4) use or display any words, letters, figures, seals, oradvertisements indicating that the entity is a land surveying firm or iscompetent to practice land surveying in this state; unless that soleproprietorship, partnership, limited liability partnership, corporation orlimited liability company complies with the requirements of this chapter.
(d) Any individual, sole proprietorship, partnership, limitedliability partnership, corporation or limited liability company which knowinglyand willfully: (1) violates subsection (a) or (c) of this section; (2) presentsor attempts to use the certificate of registration/authorization of another;(3) gives any false or forged evidence of any kind to the board or to anymember of the board in obtaining or attempting to obtain a certificate ofregistration/authorization; (4) falsely impersonates any other registrantwhether of a like or different name; (5) uses or attempts to use an expired,revoked, or nonexistent certificate of registration/authorization; (6) falselyclaims to be registered under this chapter; or (7) otherwise violates anyprovision of this chapter; shall be guilty of a misdemeanor and, uponconviction by a court of competent jurisdiction, shall be sentenced to pay afine of not more than four thousand dollars ($4,000) for the first offense anda fine of not less than four thousand dollars ($4,000) nor more than tenthousand dollars ($10,000) for each subsequent offense, or imprisonment for notmore than one year, or both; in the court's discretion and upon good causeshown reimburse the board for any and all fees, expenses, and costs incurred bythe board in connection with the proceedings, including attorneys' fees, whichamounts shall be deposited as general revenues; and be subject to, in theboard's discretion, public censure or reprimand.
(e) The board has the power to institute injunctionproceedings in superior court to prevent violations of subsection (a) or (c) ofthis section or violations of § 5-8.1-1. In injunction proceedings, theboard is not required to prove that an adequate remedy at law does not exist,or that substantial or irreparable damage would result from continuedviolations. The superior court, in its discretion and in addition to anyinjunctive relief granted to the board, may order that any person or entity inviolation of this section shall:
(1) Upon good cause shown reimburse the board for any and allfees, 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.