2009 Rhode Island Code
Title 5 - Businesses and Professions
CHAPTER 5-8 - Engineers
§ 5-8-18 - Suspension, refusal to renew, and revocation of certificates – Complaints – Hearings.

SECTION 5-8-18

   § 5-8-18  Suspension, refusal to renew, and revocation of certificates – Complaints – Hearings. – (a) After notice and a hearing as provided in this section, the board may in its discretion: (1) suspend, revoke, or refuse to renew any certificate of registration; (2) revoke or suspend or refuse to renew 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 board for all fees, expenses, costs, and attorneys 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.

   (b) The board 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;

   (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the practice of engineering;

   (5) Use of an engineer's stamp in violation of section 5-8-14;

   (6) Violation of any of the provisions of this chapter;

   (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 or offenses involving moral turpitude, in a court of competent jurisdiction of this state or any other state or of the federal government;

   (9) Failure to furnish to the board or any person acting on behalf of the board in a reasonable time any information that may be legally requested by the board;

   (10) In conjunction with any violation of subdivisions (1) – (9) of this subsection, any conduct reflecting adversely upon the licensee's fitness to engage in the practice of engineering; and

   (11) In conjunction with any violation of subdivisions (1) – (9) of this subsection, 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 board as unfounded or trivial, shall be heard by the board 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 board, 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.

   (f) If, after the hearing pursuant to subsection (d) of this section, the evidence is in favor of sustaining the charges, the board may in its discretion suspend, refuse to renew, or revoke 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 board, 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) In addition, the board may on its own motion investigate the conduct of an applicant, engineer, sole proprietorship, partnership, limited liability partnership, corporation, limited liability company or individual.