TITLE 5

Businesses and Professions

CHAPTER 5-8

Engineers

SECTION 5-8-20



   § 5-8-20  Violations and penalties –

Enforcement – Injunctions. –

(a) No individual shall: (1) practice or offer to practice engineering in this

state; (2) use any title, sign, card, or device implying that the individual is

an engineer or is competent to practice engineering 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 an engineer or is

competent to practice engineering in this state; or (4) use or display any

words, letters, figures, seals, or advertisements indicating that the

individual is an engineer or is competent to practice engineering 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.



   (b) No sole proprietorship, partnership, limited liability

partnership, corporation or limited liability company shall: (1) practice or

offer to practice engineering 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

engineering 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 an engineering firm or is competent to practice engineering in this

state; or (4) use or display any words, letters, figures, seals, or

advertisements indicating that the entity is an engineering firm or is

competent to practice engineering in this state; unless that sole

proprietorship, partnership, limited liability partnership, corporation or

limited liability company complies with the requirements of this chapter.



   (c) Any individual, sole proprietorship, partnership, limited

liability partnership, corporation or limited liability company which: (1)

violates subsection (a) or (b) 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, board or to any member or

employee thereof 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; is guilty of a misdemeanor, and upon conviction by a

court of competent jurisdiction shall be sentenced to pay a fine of not more

than one thousand dollars ($1,000) for the first offense and a fine of not less

than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000)

for each subsequent offense, or imprisonment for not more than one year, or

both; and in the court's discretion and upon good cause shown reimburse the

department for any and all fees, expenses, and costs incurred by the board in

connection with the proceedings, including attorneys fees, which amount shall

be deposited as general revenues; and be subject to, in the director's

discretion, public censure or reprimand.



   (d) 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 (b) of

this section or violations of § 5-8-1. In injunction proceedings, the

director shall not be 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 board and/or the department

in connection with the proceedings, including attorneys fees, which amounts

shall be deposited as general revenues; and/or



   (2) Be subject to public censure or reprimand.



   (e) It is the duty of all constituted officers of the state

and all political subdivisions of the state, to enforce the provisions of this

chapter and to prosecute any persons violating those provisions.



   (f) The department shall make its legal staff available to

act as legal adviser to the board and render any legal assistance that is

necessary in carrying out the provisions of this chapter. The director may

employ counsel and necessary assistance to aid in the enforcement of this

chapter, and their compensation and expenses shall be paid from funds as

provided in § 5-8-23.



History of Section.

(P.L. 1990, ch. 330, § 2; P.L. 1999, ch. 285, § 1; P.L. 2004, ch. 56,

§ 2; P.L. 2004, ch. 63, § 2; P.L. 2013, ch. 298, § 2; P.L. 2013,

ch. 378, § 2.)