Rhode Island General Laws 5-8.1-17. Board of registration for professional land surveyors – Violations and penalties – Injunctions
(a) No individual shall: (1) Practice or offer to practice land surveying in this state; (2) Use any title, sign, card, or device implying that the individual is a land surveyor or is competent to practice land surveying in this state; (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 land surveyor or is competent to practice land surveying in this state; or (4) Use or display any words, letters, figures, seals, or advertisements indicating that the individual is a land surveyor or is competent to practice land surveying in this state; unless that individual holds a currently valid certificate issued pursuant to this chapter or is specifically exempted from the certificate requirement under the provisions of this chapter.
Terms Used In Rhode Island General Laws 5-8.1-17
- 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.
- 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.
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(b) It shall be the duty of all duly constituted officers of this state and all political subdivisions of the state to enforce the provisions of this chapter and to prosecute any persons violating those provisions.
(c) No sole proprietorship, partnership, limited-liability partnership, corporation, or limited-liability company shall: (1) Practice or offer to practice land surveying 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 land surveying 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 land surveying firm or is competent to practice land surveying in this state; or (4) Use or display any words, letters, figures, seals, or advertisements indicating that the entity is a land surveying firm or is competent to practice land surveying in this state; unless that sole proprietorship, partnership, limited-liability partnership, corporation, or limited-liability company complies with the requirements of this chapter.
(d) Any individual, sole proprietorship, partnership, limited-liability partnership, corporation, or limited-liability company which knowingly and willfully: (1) Violates subsection (a) or (c) of this section; (2) Presents or attempts to use the certificate of registration/authorization of another; (3) Gives any false or forged evidence of any kind to the department and/or board or to any member of the board in obtaining or attempting to obtain a certificate of registration/authorization; (4) Falsely impersonates any other registrant whether of a like or different name; (5) Uses or attempts to use an expired, revoked, or nonexistent certificate of registration/authorization; (6) Falsely claims to be registered under this chapter; or (7) Otherwise violates any provision of this chapter; shall be guilty of a misdemeanor and, upon conviction by a court of competent jurisdiction, shall be sentenced to pay a fine of not more than four thousand dollars ($4,000) for the first offense and a fine of not less than four thousand dollars ($4,000) nor more than ten thousand dollars ($10,000) for each subsequent offense, or imprisonment for not more than one year, or both; in the court’s discretion and upon good cause shown reimburse the department and/or board 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.
(e) Either on his or her own initiative or on the recommendation of the board, the director has the power to institute injunction proceedings in superior court to prevent violations of subsection (a) or (c) of this section or violations of § 5-8.1-1. In injunction proceedings, the director is not 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:
(1) 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
(2) Be subject to public censure or reprimand.
History of Section.
P.L. 1990, ch. 330, § 2; P.L. 1999, ch. 290, § 1; P.L. 2004, ch. 56, § 3; P.L. 2004, ch. 63, § 3; P.L. 2006, ch. 219, § 1; P.L. 2013, ch. 298, § 3; P.L. 2013, ch. 378, § 3.