Rhode Island General Laws 5-51-17. Revocation or suspension of licenses or certificates of authorization
After notice and a hearing as provided in § 5-51-17.1, the director may in his or her discretion or upon recommendation of the board: suspend, revoke, or take other permitted action with respect to any license; and/or revoke, suspend, or take other permitted action with respect to any certificate of authorization; and/or publicly censure, or reprimand or censure in writing; and/or limit the scope of practice of; and/or impose an administrative fine upon (not to exceed one thousand dollars ($1,000) for each violation); and/or place on probation; and/or for good cause shown, order a reimbursement of the department for all fees, expenses, costs, and attorney’s fees in connection with the proceedings (which amounts shall be deposited as general revenues), all with or without terms, conditions, or limitations, holders of a license or certificate of authorization (hereafter referred to as licensee(s)), for any one or more of the following causes:
(1) Bribery, fraud, deceit, or misrepresentation in obtaining a license or certificate of authorization;
(2) Practicing landscape architecture in another state or country or jurisdiction in violation of the laws of that state or country or jurisdiction;
(3) Practicing landscape architecture in this state in violation of the standards of professional conduct established by the board and approved by the director;
(4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the practice of landscape architecture;
(5) Use of a landscape architect‘s stamp in violation of § 5-51-11;
(6) Violation of any of the provisions of this chapter or chapter 84 of this title;
(7) Suspension or revocation of the right to practice landscape architecture before any state or before any other country or jurisdiction;
(8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of, or an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any other similar offense, in a court of competent jurisdiction of this state or any other state or of the federal government;
(9) Failure to furnish to the department and/or board, or any person acting on behalf of the board, in a reasonable time the information that may be legally requested by the department and/or board;
(10) In conjunction with any violation of subsections (1) through (9) of this section, any conduct reflecting adversely upon the licensee’s fitness to engage in the practice of landscape architecture; and
(11) In conjunction with any violation of subsections (1) through (9) of this section, any other conduct discreditable to the landscape architectural profession.
History of Section.
P.L. 1999, ch. 289, § 2; P.L. 2013, ch. 298, § 4; P.L. 2013, ch. 378, § 4; P.L. 2021, ch. 400, § 14, effective July 13, 2021; P.L. 2021, ch. 401, § 14, effective July 13, 2021.
Terms Used In Rhode Island General Laws 5-51-17
- Board: means the Rhode Island state board of examiners of landscape architects. See Rhode Island General Laws 5-51-1
- 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
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- 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
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.