(a)   Revocation, suspension, and censure. After notice and a hearing as provided in this section, the director may in his or her discretion or upon recommendation of the board: (1) Suspend, revoke, or take other permitted action with respect to any certificate of registration; (2) Revoke, suspend, or take other permitted action with respect to any certificate of authorization; (3) Publicly censure, or reprimand or censure in writing; (4) Limit the scope of practice of; (5) Impose an administrative fine, not to exceed one thousand dollars ($1,000) for each violation; (6) Place on probation; and/or (7) 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 certificate of registration or a certificate of authorization, hereafter referred to as registrant(s), for any one or more of the causes set out in subsection (b).

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Terms Used In Rhode Island General Laws 5-8.1-15

  • 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
  • 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.
  • 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.
  • 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.

(b)   Grounds. The director may take actions specified in subsection (a) for any of the following causes:

(1)  Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or certificate of authorization;

(2)  Practicing land surveying in another state or country or jurisdiction in violation of the laws of that state, country, or jurisdiction;

(3)  Practicing land surveying 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 land surveying;

(5)  Use of a land surveyor’s stamp in violation of § 5-8.1-12;

(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 land surveying 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 thereof, in a reasonable time such information as may be legally requested by the department and/or board;

(10)  In conjunction with any violation of subsections (b)(1) — (b)(9), any conduct reflecting adversely upon the registrant’s fitness to engage in the practice of land surveying; and

(11)  In conjunction with any violation of subsections (b)(1) — (b)(9), any other conduct discreditable to the land surveying profession.

(c)   Procedures.

(1)  Any person may prefer charges of fraud, deceit, gross negligence, incompetence, or misconduct against any applicant or registrant. In addition, the department or board may, on its own motion, investigate the conduct of an applicant or registrant of the board, and may in appropriate cases file a written statement of charges with the secretary of the board. The charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the board of land surveyors. All charges, unless dismissed by the director as unfounded or trivial, shall be heard by the director within three (3) months after the date on which they were referred.

(2)  The time and place for the hearing shall be fixed by the department, and a copy of the charges, together with a notice of the time and place of the hearing, shall be personally served on or mailed to the last known address of the registrant at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant or applicant has the right to appear personally and/or by counsel, to cross-examine witnesses appearing against him or her, and to produce evidence and witnesses in his or her defense.

(3)  If, after the hearing, the charges are sustained, the director, on his or her own motion or upon recommendation of the board of land surveyors, may in his or her discretion suspend, revoke, or take other permitted action with respect to the certificate of registration or certificate of authorization or publicly censure the registrant, or take any other action and/or order any other penalty permitted by this section.

(4)  The director may, at his or her discretion, reissue a certificate of registration or certificate of authorization or renewal to any person or firm denied registration under this section or upon presentation of satisfactory evidence of reform and/or redress.

(5)  The board may participate in hearings before the director through representation by the department’s legal staff acting as the prosecuting agent before the director.

(d)   Legal counsel. The department shall make its legal staff available to act as legal advisor to the board and to render any legal assistance that is necessary in carrying out the provisions of this chapter. The director may employ other counsel and necessary assistance to aid in the enforcement of this chapter, and their compensation and expenses shall be paid from the funds of the department.

(e)  Nothing in this chapter shall prevent the department and/or board of land surveyors from charging one or both parties a fee for the direct costs associated with hearings and transcripts in accordance with the department’s rules of procedure for administrative hearings.

(f)  Nothing in this chapter shall prevent the board from entering into consent agreements or informal resolutions with any party under investigation for violations under this chapter and/or chapter 84 of this title.

History of Section.
P.L. 1990, ch. 330, § 2; P.L. 1991, ch. 304, § 4; P.L. 1992, ch. 337, § 1; P.L. 1999, ch. 290, § 1; P.L. 2004, ch. 90, § 1; P.L. 2004, ch. 98, § 1; P.L. 2013, ch. 298, § 3; P.L. 2013, ch. 378, § 3; P.L. 2021, ch. 400, § 4, effective July 13, 2021; P.L. 2021, ch. 401, § 4, effective July 13, 2021.