Ohio Code 4733.20 – Disciplinary actions
(A) Except as provided in division (I) of this section, the state board of registration for professional engineers and surveyors may fine, revoke, suspend, refuse to renew, or limit the registration, or reprimand, place on probation, deny an applicant the opportunity to sit for an examination or to have an examination scored, or impose any combination of these disciplinary measures on any applicant or registrant, or revoke the certificate of authorization of any holder found to be or to have been engaged in any one or more of the following acts or practices:
Terms Used In Ohio Code 4733.20
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Engineer: means a graduate of an accredited engineering curriculum or a person registered as a professional engineer under this chapter, or both. See Ohio Code 4733.01
- Fraud: Intentional deception resulting in injury to another.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Professional engineer: means a person registered as a professional engineer under this chapter. See Ohio Code 4733.01
- Professional surveyor: means a person who is registered as a professional surveyor under this chapter. See Ohio Code 4733.01
- Rule: includes regulation. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Testify: Answer questions in court.
(1) Any fraud or deceit in obtaining registration or a certificate of authorization;
(2) Any gross negligence, incompetency, or misconduct in the practice of professional engineering or professional surveying as a registered professional engineer or registered professional surveyor;
(3) Aiding or abetting any person to practice professional engineering or professional surveying illegally in the state;
(4) Conviction of or plea of guilty to any felony or crime involving moral turpitude;
(5) Violation of this chapter or any rule adopted by the board;
(6) Violation of any condition of limitation placed by the board upon the registration of any professional engineer or professional surveyor;
(7) Failure to abide by or comply with examination instructions.
(B) The board shall cause to have prepared and shall adopt a code of ethics, which it shall make known to every registrant. The board may revise and amend this code of ethics from time to time in accordance with Chapter 119 of the Revised Code.
(C) Any person may file with the board a complaint alleging fraud, deceit, gross negligence, incompetency, misconduct, or violation of this chapter or any rule adopted by the board pursuant to section 4733.07 of the Revised Code. Complaints shall be in writing.
(D) The board may investigate any registrant or holder of a certificate of authorization to determine whether the registrant or certificate holder is or has been engaged in any one or more of the acts or practices listed in division (A) of this section. The board, by subpoena, may compel witnesses to appear and testify in relation to any investigation under this chapter and may require, by subpoena duces tecum, the production and copying of any book, paper, or document pertaining to an investigation. If a person fails to comply with the subpoena or subpoena duces tecum, the board may apply to the Franklin county court of common pleas for an order compelling the person to comply or, for the failure to do so, to be held in contempt of court.
(E) If the board determines there is cause to believe that an applicant, registrant, or a holder of a certificate of authorization is or has been engaged in any act or practice listed in division (A) of this section, the board shall issue a written charge and notify the applicant, registrant, or certificate holder of the right to an adjudication hearing, in accordance with Chapter 119 of the Revised Code. If the accused applicant, registrant, or holder of a certificate of authorization fails or refuses to appear, or does not request a hearing within the time period specified in Chapter 119 of the Revised Code, the board may determine the validity of the charge and issue an adjudication order in accordance with Chapter 119 of the Revised Code.
(F) Except as provided in division (I) of this section, if a majority of the board votes in favor of sustaining the charge, the board shall impose one or any combination of the following disciplinary measures:
(1) Reprimanding the individual;
(2) Imposing a fine on the individual of not more than one thousand dollars for each offense committed by the individual;
(3) Refusing to renew, suspending, or revoking the individual’s registration, or revoking the holder’s certificate of authorization;
(4) Refusing to allow an applicant to take an examination;
(5) Refusing to score an applicant’s examination.
The board, for good cause shown, may reregister any person or reissue a certificate of authorization to any corporation, firm, partnership, association, or limited liability company whose registration or certificate has been revoked or suspended.
(G) Any applicant, registrant, or certificate holder aggrieved by any action of the board in fining the registrant or denying, suspending, refusing to renew, or revoking the registrant’s registration or a certificate of authorization, or denying an applicant the opportunity to take an examination or to have an examination scored may appeal such action to the proper court under section 119.12 of the Revised Code.
(H) A new certificate of authorization to replace any certificate revoked, lost, destroyed, or mutilated, may be issued, subject to the rules of the board, upon payment of a fee established by the board at an amount adequate to cover the expense of issuing a duplicate certificate of authorization.
(I) The board shall not refuse to issue a license or deny the opportunity to sit for an examination or to have an examination scored to an applicant because of a conviction of or plea of guilty to an offense, unless the refusal or denial is in accordance with section 9.79 of the Revised Code.
Last updated October 9, 2021 at 5:09 AM