Section 475.19. Allegations of violations – Notice and hearing - Appeal
- A. Investigations and inquiries concerning the professional licensed activities of licensees, or any person or entity who may be in violation of the Board’s statutes and rules, may be initiated pursuant to the request of the Investigative Committee or the public. In the event of such an investigation, all licensees and subjects of complaints have a duty to provide all information requested by the Board within thirty (30) days or a later time if agreed to by the licensee and the Investigative Committee. All allegations shall be timely investigated by the Investigative Committee of the Board and, unless determined unfounded or trivial, or unless settled by mutual accord, shall be filed as a formal notice of charges by the Board.
- B. The time and place for the hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the lastknown address of such person, licensee, or entity at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused shall have the right to appear in person or by counsel, or both, to crossexamine witnesses in their defense, and to produce evidence and witnesses in their own defense. If the accused fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.
- C. If, after such hearing, a majority of the quorum of the empaneled Board vote in favor of sustaining any one or more of the charges, the Board shall reprimand, fine for each count or separate offense, levy administrative penalties pursuant to Section 475.20 of this act, place on probation for a period of time and subject to such conditions as the Board may specify, refuse to issue, restore, renew, place practice restrictions on, suspend or revoke the individual's license, or the firm's certificate of authority.
- D. Any named respondent aggrieved by any action of the Board in levying a fine, denying, suspending, refusing to issue, restore or renew, placing practice restrictions on, or revoking the license of the person, or its certificate of authority, may appeal therefrom to the proper court under normal civil procedures.
- E. The Board may, upon petition of an individual licensee or firm holding a certificate of authority, reissue a license or authorization, provided that a majority of the members of the Board vote in favor of such issuance.
Section 475.20. Criminal and administrative penalties – Legal counsel
- A. Criminal penalties:
- Any person or entity who practices, or offers to practice, engineering or surveying in this state without being licensed by the State Board of Licensure for Professional Engineers and Surveyors in accordance with the provisions of this act, or any person or entity using or employing the words "engineer" or "engineering" or "surveyor" or " surveying" or any modification or derivative thereof in its name or form of business or activity except as authorized in this act, or any person presenting or attempting to use the license or the seal of another, or any person who gives false or forged evidence of any kind to the Board or to any member thereof in obtaining or attempting to obtain a license, or any person who falsely impersonates any other licensee of like or different name, or any person who attempts to use an expired, suspended, revoked, or nonexistent license, or who practices or offers to practice when not qualified or their practice is restricted, or any person who falsely claims to be registered or licensed under this act, or any person who violates any of the provisions of this act, shall be guilty of a misdemeanor, punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00), nor more than Two Thousand Dollars ($2,000.00).
- B. Administrative penalties:
- 1. Any person or entity who has been determined by the Board to have violated any provision of this act, or any rule, regulation or order issued pursuant to such provisions, may be liable for an administrative penalty of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000) for each separate violation.
- 2. The amount of the penalty shall be assessed by the Board pursuant to the provisions of paragraph 1 of this subsection, after notice and hearing. In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances and gravity of the violation, and with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business and any show of good faith in attempting to achieve compliance with the provisions of this act. All monies collected from administrative penalties shall be deposited with the State Treasurer and placed in the "Professional Engineers and Surveyors Fund".
- 3. Any license or certificate of authority holder may request to surrender the license or certificate of authority in lieu of an administrative action, but shall be permanently barred from obtaining a reissuance of the license or certificate of authority. All such requests shall be presented to the Board for approval.
- 1. Any person or entity who has been determined by the Board to have violated any provision of this act, or any rule, regulation or order issued pursuant to such provisions, may be liable for an administrative penalty of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000) for each separate violation.
- C. Legal Counsel:
- The Attorney General of this state or an assistant shall act as legal advisor to the Board and render such legal assistance as may be necessary in carrying out the provisions of this act. The Board may employ counsel, whose compensation and expenses shall be paid from Board funds for necessary legal assistance to aid in the enforcement of and carrying out the provisions of this act.
Last Modified on
Oct 17, 2024
