Rhode Island General Laws 5-51-16. Penalty for violations – Injunctive relief
(a) No individual shall: (1) Practice or offer to practice landscape architecture in this state; or (2) Use any title, sign, card, or device implying that the individual is a landscape architect or is competent to practice landscape architecture in this state; or (3) Use in connection with his or her name or otherwise any title or description conveying or tending to convey the impression that the individual is a landscape architect or is competent to practice landscape architecture in this state; or (4) Use or display any words, letters, seals, or advertisements indicating that the individual is a landscape architect or is competent to practice landscape architecture in this state, unless that individual holds a current valid license issued pursuant to this chapter or is specifically exempted from holding a license under the provisions of this chapter.
Terms Used In Rhode Island General Laws 5-51-16
- Board: means the Rhode Island state board of examiners of landscape architects. See Rhode Island General Laws 5-51-1
- 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.
- Department: means the department of business regulation. See Rhode Island General Laws 5-51-1
- Director: means the director of the department of business regulation or his or her designee. See Rhode Island General Laws 5-51-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Landscape architect: means a person who engages or offers to engage in the practice of landscape architecture. See Rhode Island General Laws 5-51-1
- Landscape architecture: means planning and designing the use, allocation, and arrangement of land and water resources, through the creative application of biological, physical, mathematical, and social processes. See Rhode Island General Laws 5-51-1
- 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: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
(b) No sole proprietorship, partnership, limited-liability partnership, corporation, or limited-liability company shall: (1) Practice or offer to practice landscape architecture in this state; (2) Use any title, sign, card, or device implying that the sole proprietorship, partnership, limited-liability partnership, corporation, or limited-liability company is competent to practice landscape architecture in this state; (3) Use in connection with its name or otherwise any title or description conveying or tending to convey the impression that the entity is a landscape architectural firm or is competent to practice landscape architecture in this state; or (4) Use or display any words, letters, figures, seals, or advertisements indicating that the entity is a landscape architectural firm or is competent to practice landscape architecture in this state, unless that sole proprietorship, partnership, limited-liability partnership, corporation, or limited-liability company complies with the requirements of this chapter.
(c) Any individual, sole proprietorship, partnership, limited-liability partnership, corporation, or limited-liability company that: (1) Violates subsection (a) or (b); (2) Presents or attempts to use the license/certificate of authorization of another; (3) Gives any false or forged evidence of any kind to the department and/or board or to any member or employee thereof in obtaining or attempting to obtain a license/certificate of authorization; (4) Falsely impersonates any other registration whether of a like or different name; (5) Uses or attempts to use an expired, revoked, or nonexistent license/certificate of authorization; (6) Falsely claims to be registered under this chapter; or (7) Otherwise violates any provision of this chapter, shall upon determination thereof by a court of competent jurisdiction, be subject to a civil penalty of one thousand dollars ($1,000) for the first offense, and a civil penalty of two thousand dollars ($2,000) for each subsequent offense; and in the court’s discretion and upon good cause shown, reimburse the department for any and all fees, expenses, and costs incurred by the department and/or board in connection with the proceedings, including attorney’s fees (which amounts shall be deposited as general revenues); and be subject to, in the board’s discretion, public censure or reprimand.
(d) Either on his or her own initiative or on the recommendation of the board, the director shall have the power to institute injunction proceedings in superior court to prevent violations of subsection (a) or (b) of this section and/or for violations of § 5-51-3. In injunction proceedings, the director shall not be required to prove that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from continued violations. The superior court, in its discretion and in addition to any injunctive relief granted to the department, may order that any person or entity in violation of this section shall: (i) Upon good cause shown, reimburse the department for any and all fees, expenses, and costs incurred by the department and/or board in connection with the proceedings, including attorney’s fees (which amounts shall be deposited as general revenues); and/or (ii) Be subject to public censure or reprimand.
History of Section.
P.L. 1981, ch. 389, § 1; P.L. 1999, ch. 289, § 1; P.L. 2004, ch. 56, § 4; P.L. 2004, ch. 63, § 4; P.L. 2013, ch. 298, § 4; P.L. 2013, ch. 378, § 4.