§ 5-8-20 - Violations and penalties – Enforcement – Injunctions.
SECTION 5-8-20
§ 5-8-20 Violations and penalties –Enforcement – Injunctions. – (a) No individual shall: (1) practice or offer to practice engineering in thisstate; (2) use any title, sign, card, or device implying that the individual isan engineer or is competent to practice engineering in this state; (3) use inconnection with his or her name or otherwise any title or description conveyingor tending to convey the impression that the individual is an engineer or iscompetent to practice engineering in this state; or (4) use or display anywords, letters, figures, seals, or advertisements indicating that theindividual is an engineer or is competent to practice engineering in thisstate; unless that individual holds a currently valid certificate issuedpursuant to this chapter or is specifically exempted from the certificaterequirement under the provisions of this chapter.
(b) No sole proprietorship, partnership, limited liabilitypartnership, corporation or limited liability company shall: (1) practice oroffer to practice engineering in this state; (2) use any title, sign, card, ordevice implying that the sole proprietorship, partnership, limited liabilitypartnership, corporation or limited liability company is competent to practiceengineering in this state; (3) use in connection with its name or otherwise anytitle or description conveying or tending to convey the impression that theentity is an engineering firm or is competent to practice engineering in thisstate; or (4) use or display any words, letters, figures, seals, oradvertisements indicating that the entity is an engineering firm or iscompetent to practice engineering 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, partnership, limitedliability partnership, corporation or limited liability company which: (1)violates subsection (a) or (b) of this section; (2) presents or attempts to usethe certificate of registration/authorization of another; (3) gives any falseor forged evidence of any kind to the board or to any member thereof 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 amount 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) ofthis section or violations of § 5-8-1. In injunction proceedings, theboard shall not be required to prove that an adequate remedy at law does notexist, 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.
(e) It is the duty of all constituted officers of the stateand all political subdivisions of the state, to enforce the provisions of thischapter and to prosecute any persons violating those provisions.
(f) The attorney general of the state or his or her assistantshall act as legal adviser to the board and render any legal assistance that isnecessary in carrying out the provisions of this chapter. The board may employcounsel and necessary assistance to aid in the enforcement of this chapter, andtheir compensation and expenses shall be paid from funds as provided in §5-8-23.