2012 Rhode Island General Laws
Title 5 - Businesses and Professions
Chapter 5-1 - Architects
Chapter 5-1-13.1 - Initiation of proceedings – Hearings before the board – Appeals – Notice to other states.

§ 5-1-13.1 Initiation of proceedings – Hearings before the board – Appeals – Notice to other states. – (a) The board may initiate proceedings under this chapter against holders of a certificate of registration and/or a certificate of authorization (subsequently referred to as a licensee or licensees) either on its own motion, or on complaint of any person, upon a finding of probable cause by a probable cause committee appointed by the board pursuant to § 5-1-5, or upon receiving notification from another state board of architects or from the appropriate authority in another country or jurisdiction of its decision to:

(1) Revoke, suspend, annul, or refuse to renew the practice privileges granted in that state or in that country or jurisdiction to the licensee; or

(2) Publicly censure, or censure in writing, limit the scope of practice of, impose an administrative fine upon, or place on probation the licensee.

(b) A written notice stating the nature of the charge or charges against the licensee and the time and place of the hearing before the board on the charges shall be served on the licensee not less than twenty (20) days prior to the date of the hearing either personally or by mailing a copy of the notice by certified mail, return receipt requested, to the address of the licensee last known to the board.

(c) If, after being served with the notice of hearing as provided for in this section, the licensee fails to appear at the hearing and to defend against the stated charges, the board may proceed to hear evidence against the licensee and may enter any order that is justified by the evidence. That order is final unless the licensee petitions for a review of it as provided in this section; provided, that within thirty (30) days from the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the licensee to submit evidence in his, her or on its behalf.

(d) At any hearing pursuant to this section, the licensee may:

(i) Appear in person or be represented by counsel;

(ii) Produce evidence and witnesses on his, her, or its behalf;

(iii) Cross examine witnesses; and

(iv) Examine the evidence that is produced.

(2) A sole proprietorship may be represented before the board by counsel or by the sole proprietor. A partnership or limited liability partnership may be represented before the board by counsel or any partner of the partnership. A corporation may be represented by counsel before the board or by any shareholder, officer or director of the corporation. A limited liability company may be represented before the board by counsel or by any member or manager of the limited liability company. The licensee is entitled, upon written application to the board, to the issuance of subpoenas to compel the attendance of witnesses on the licensee's behalf.

(e) The board or any member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony, hear proofs and receive exhibits in evidence in connection with or upon hearing pursuant to this chapter. In case of disobedience to a subpoena, the board may petition the superior court to require the attendance and testimony of witnesses and the production of documentary evidence.

(f) The board is not bound by strict rules of procedure or by laws of evidence in the conduct of its proceedings, but any determination of the board is based upon sufficient legal evidence to sustain the determination.

(g) A stenographic record of all hearings pursuant to this section shall be kept and a transcript of the record filed with the board.

(h) The decision of the board shall be made by vote in accordance with the rules and regulations established under § 5-1-5.

(i) Any appeal from the decision of the board, by a person or persons adversely affected by the decision, is governed by § 42-35-15.

(j) On rendering a decision to: (1) revoke, suspend, annul, or refuse to renew a certificate of registration issued under the laws of this state; (2) revoke, suspend, or refuse to renew a certificate of authorization issued under the laws of this state; or (3) publicly censure, censure in writing, limit the scope of practice of, impose an administrative fine upon, or place on probation a licensee, the board shall examine its records to determine whether the licensee holds a certificate of registration or a certificate of authorization to practice in any other state, country, or jurisdiction. If the board determines that the licensee in fact holds a certificate of registration or certificate of authorization, the board shall immediately notify the board of architecture of the other state, country, or jurisdiction by mail of its decision pursuant to this section, and include in the notice an indication as to whether or not the licensee has appealed the decision.

(k) The board may, in its discretion, order any licensee against whom proceedings have been initiated under §§ 5-1-13 and 5-1-13.1 to reimburse the board for any fees, expenses, and costs incurred by the board in connection with the proceedings, including attorneys fees. These fees shall be paid within thirty (30) days from the date they are assessed and may be reviewed in accordance with § 42-35-15, and deposited as general revenues.

(l) The board may, in its discretion, issue a certificate of registration or certificate ofauthorization to any applicant denied a certificate of registration or certificate of authorization, under any of the provisions of this section upon presentation of suitable evidence.

(m) The attorney general or his or her deputy shall act as legal advisor to the board and render any legal assistance that is necessary in carrying out the provisions of this chapter. The board may employ other counsel and obtain other necessary assistance to be appointed by the governor to aid in the enforcement of this chapter, and the compensation and expenses for the employment shall be paid from the fund of the board.

History of Section.
(P.L. 1997, ch. 30, art. 25, § 3; P.L. 2004, ch. 56, § 1; P.L. 2004, ch. 63, § 1; P.L. 2005, ch. 406, § 1.)