2006 Louisiana Laws - RS 37:698 — Disciplinary proceedings against licensees and certificate holders; procedure

§698.  Disciplinary proceedings against licensees and certificate holders; procedure

A.  The board shall have the power to take disciplinary action against any licensee or certificate holder found by the board to be guilty of any of the following acts or offenses:

(1)  Any fraud, deceit, material misstatement, or perjury or the giving of  any false or forged evidence in applying for a license or certificate, or in taking any examination, or in applying for any renewal license or certificate provided for in this Chapter.

(2)  Any fraud, deceit, gross negligence, material misrepresentation, gross incompetence, or gross misconduct in the practice of engineering or land surveying.

(3)  Conviction of a felony or of any crime of moral turpitude or entry of a plea of guilty or nolo contendere to a felony charge or to a crime of moral turpitude under the laws of the United States or any state, territory, or district of the United States.

(4)  Conviction of any crime or entry of a plea of guilty or nolo contendere to any criminal charge an element of which is fraud or which arises out of such person's practice of engineering or land surveying.

(5)  Conviction of any civil or criminal violation of, or entry of a plea of guilty or nolo contendere to any criminal charge under the Louisiana Campaign Finance Disclosure Act or any other campaign finance and/or practices laws of the state of Louisiana, the United States, or any state, territory, or district of the United States.

(6)  Violation of any provision of this Chapter or any rules or regulations adopted and promulgated by the board.

(7)  The refusal of the licensing authority of another state, territory, or district of the United States to issue or renew a license, permit, or certificate to practice engineering or land surveying, or the revocation or suspension or other restriction imposed on a license, permit, or certificate issued by such licensing authority, on grounds other than nonpayment of a licensure fee, or a finding by such licensing authority that a person has engaged in the unlicensed practice of engineering or land surveying, provided that the reason for the action taken by the other licensing authority was recognized by the Louisiana board as a ground for disciplinary action at the time the action was taken.

(8)  Providing false testimony before the board.

(9)  Using a seal or stamp or engaging in any other act constituting the practice of engineering or land surveying, or violating any order or terms of probation imposed by the board, at a time when his license or certificate is suspended or revoked, or at a time when his license or certificate has been expired for more than ninety days, or at a time when he is in retired or inactive status as a board licensee.

(10)  Failure to provide, within thirty calendar days of receipt of notice by certified mail, information requested by the board relating to charges preferred by the board alleging a violation of this Chapter.

(11)  The use of any advertising or solicitation which is false or misleading.

(12)  Aiding or assisting another person in violating any provision of this Chapter or any rule or regulation adopted and promulgated by the board.

(13)  Knowingly making or signing false statements, certificates, or affidavits in connection with the practice of engineering or land surveying.

(14)  Declaration of insanity or incompetence by a court of competent jurisdiction.

(15)  Presenting or attempting to use as one's own the license, certificate, seal, or stamp of another person.

(16)  Using or attempting to use an expired, inactive, retired, or revoked license or certificate.

(17)  Falsely impersonating any other licensee or certificate holder of like or different name.

(18)  Practicing or offering to practice engineering or land surveying when not qualified.

(19)  Violation of or noncompliance with any order, ruling, or decision of the board.

B.  For purposes of this Chapter, the term "disciplinary action" shall include but not be limited to reprimand, probation, suspension, revocation of license or certificate, refusal to renew license or certificate, or fine in an amount not to exceed five thousand dollars per violation.

C.  The board shall have the power to take disciplinary action against a firm if one or more of its officers, directors, managers, employees, agents, or representatives is found by the board to be guilty of any of the acts or offenses listed in Subsection A of this Section.

D.  Charges may be preferred against any licensee or certificate holder in the following manner:

(1)  The board, on its own initiative and by a majority vote of its entire membership authorized to participate in a proceeding, may prefer charges against any licensee or certificate holder who commits or engages in any of the acts or offenses listed in Subsection A of this Section.

(2)  The board, on receipt of a complaint from any person and by majority vote of the board's entire membership authorized to participate in a proceeding, may prefer charges against any licensee or certificate holder who commits or engages in any of the acts or offenses listed in Subsection A of this Section.  Such complaint shall be in writing, shall be sworn to by the person or persons making the complaint, and shall be filed with the board.

E.  Within twenty days of the board's preferral of charges, the board shall mail a copy of said charges to the last known address of the licensee or certificate holder so charged.

F.  In the event the board determines after investigation that charges so preferred are completely unfounded, more appropriately resolved outside the formal disciplinary proceedings, or not within the jurisdiction of the board, the board shall so advise the charged party, in writing, of its determination.  Otherwise, all charges shall be heard by the board or a hearing committee designated by the board within twelve months after the date on which they shall have been preferred.  This twelve-month period may be extended with the consent of both the board and the charged party.

G.  The date, time, and place for said hearing shall be fixed by the board or the hearing committee and a copy of the charges, together with a notice of the date, time, and place of the hearing, shall be personally served on or mailed to the last known address of the charged party, at least thirty days before the date fixed for hearing.  At any hearing, the charged party shall have the right to appear in person, or by counsel, or both, to cross-examine witnesses in his defense, and to produce evidence, and witnesses in his defense.  If the charged party fails or refuses to appear at the hearing, the board or the hearing committee may proceed to hear and determine the validity of the charges.

H.  If, after such hearing, a majority of the entire board membership authorized to participate in the proceeding vote in favor of sustaining the charges, the board may take disciplinary action against the charged party.  Any charges found by the board after a hearing to be unfounded shall be published in the official journal of the board, if requested in writing by the charged party.

I.  A charged party aggrieved by any disciplinary action taken by  the board may appeal therefrom, pursuant to the provisions of the Administrative Procedure Act.

J.  In addition to any other action, the board may assess all reasonable costs incurred in connection with a disciplinary proceeding, including investigators', stenographers', and attorneys' fees in conjunction with any other disciplinary action taken.  The assessment of costs may be considered disciplinary action.

K.  All disciplinary actions taken shall be published in the official journal of the board and may be released to other professional organizations relating to professional engineering and land surveying or to the news media.

L.  The board may make informal disposition by consent order, agreement, settlement, or default of any disciplinary proceeding pending before it.  Each such informal disposition shall have no force or effect unless ratified by the board at its next regular meeting.  Consent orders may be considered disciplinary actions.

M.  The board may establish a complaint review committee to investigate, mediate, or initiate disciplinary or legal proceedings on behalf of the board with respect to charges preferred or information received  by the board alleging that a licensee or certificate holder committed or engaged in any of the acts or offenses listed in Subsection A of this Section.  The complaint review committee shall consist of at least one member of the board.

N.  The board, for reasons it may deem sufficient, may reissue or reinstate a license or certificate to any person whose license or certificate has been revoked, if a majority of the entire board membership authorized to participate in the proceeding vote in favor of such reissuance or reinstatement.

O.  Repealed by Acts 2004, No. 442, §2.

Acts 1980, No. 568, §1; Acts 1985, No. 580, §1; Acts 1987, No. 694, §1; Acts 1989, No. 149, §1; Acts 1993, No. 53, §1; Acts 1999, No. 329, §1; Acts 1999, No. 396, §§1, 2; Acts 2003, No. 279, §5; Acts 2004, No. 442, §§1, 2.

NOTE:  See Acts 1987, No. 694, §2.