(a)  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 upon, 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, referred to as licensee(s), for any one or more of the causes set out in subsection (b) of this section.

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Terms Used In Rhode Island General Laws 5-8-18

  • 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.
  • 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.
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

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

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

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

(3)  Practicing engineering 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 engineering;

(5)  Use of an engineer’s stamp in violation of § 5-8-14;

(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 engineering 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 department and/or board in a reasonable time any information that 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 licensee’s fitness to engage in the practice of engineering; and

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

(c)  Any person may file complaints of fraud, deceit, gross negligence, incompetence, or misconduct against any registrant. Those charges shall be in writing, sworn to by the person or persons making them, and filed with the board.

(d)  All charges, unless dismissed by the director as unfounded or trivial, shall be heard by the director within six (6) months after the date on which they have been properly filed or within six (6) months following resolution of similar charges that have been brought against a registrant who is before another regulatory body.

(e)  The time and place for the hearing pursuant to subsection (d) of this section shall be fixed by the department, and a copy of charges, together with a notice of the time and place of 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 shall have 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 own defense. The board may participate in formal proceedings through representation by the department’s legal staff acting as the prosecuting agent before the director.

(f)  If, after the hearing pursuant to subsection (d) of this section, the evidence is in favor of sustaining the charges, the director 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 licensee, or take any other action and/or order any other penalty permitted by this section. The department, for reasons it deems sufficient, may reissue a certificate of registration or certificate of authorization or renewal to any person or firm whose certificate has been revoked.

(g)  The board or the department may on its own motion investigate the conduct of an applicant, engineer, sole proprietorship, partnership, limited-liability partnership, corporation, limited-liability company, or individual.

(h)  Nothing in this chapter shall be construed to prohibit 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, § 1; P.L. 1999, ch. 285, § 1; P.L. 2004, ch. 56, § 2; P.L. 2004, ch. 63, § 2; P.L. 2007, ch. 420, § 1; P.L. 2013, ch. 298, § 2; P.L. 2013, ch. 378, § 2; P.L. 2021, ch. 400, § 3, effective July 13, 2021; P.L. 2021, ch. 401, § 3, effective July 13, 2021.