Disciplinary Action — Revocation, Suspension, Refusal to

Issue, Restore, or Renew, Probation, Fine and/or Reprimand.

(a)The publication of the rules of conduct for professional engineers, architects, landscape architects and land surveyors, as provided for in § 32109 of this Chapter, shall constitute due notice to all registrants.

(b)The Board shall have the power, duty and authority to suspend, refuse to renew, or revoke a Certificate of Registration, or a Certificate of COL1242015 CH. 32 PROFESSIONAL ENGINEERS, ARCHITECTS AND LAND SURVEYORS Authorization, or to reprimand, fine or any combination thereof, or levy a civil penalty in an amount determined by the Board of not more than Five Thousand Dollars ($5,000) for each offense against any engineer, architect, landscape architect, land surveyor or any individual and/or business firm who is found guilty of:

(1)the practice of any fraud or deceit in obtaining or attempting to obtain or renew a Certificate of Registration or Certificate of Authorization;

(2)any gross negligence, incompetency or misconduct in the practice of engineering, architecture, landscape architecture or land surveying;

(3)conviction of, or entry of a plea of guilty or nolo contendere to, any crime which is a felony, whether related to practice or not; and conviction of, or entry of a plea of guilty to, any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty, or which is directly related to the practice of engineering, architecture, landscape architecture or surveying;

(4)any felony or any crime involving moral turpitude, in which case a certified copy of the record of conviction shall be conclusive evidence thereof;

(5)failure to comply with any of the provisions of this Chapter, or violation of any of the rules or regulations pertaining thereto;

(6)discipline by another jurisdiction, territory, the District of Columbia, foreign country, the United States government, or any governmental agency, if at least one

(1)of the grounds for discipline is the same or substantially equivalent to those contained in this Section;

(7)failure to provide information requested by the Board as a result of a formal or informal complaint to the Board, which would indicate a violation of this Chapter;

(8)knowingly making false statements or signing false statements, certifications, or affidavits, to include payment;

(9)aiding or assisting another person in violating any provision of this Chapter or the rules or regulations pertaining thereto; COL1242015 CH. 32 PROFESSIONAL ENGINEERS, ARCHITECTS AND LAND SURVEYORS

(10)violating any terms of probation imposed by the Board or using a seal, or practicing engineering, architecture, landscape architecture or land surveying while the registrant’s license is suspended, revoked or non-renewed;

(11)signing, affixing or permitting his seals to be affixed to any specifications, reports, drawings, plans, plats, design information, construction documents or calculations, surveys, or revisions thereof, which have not been prepared by the licensee or under the licensee’s responsible control;

(12)engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;

(13)providing false testimony or information to the Board;

(14)habitual intoxication or addiction to the use of drugs or alcohol so as to endanger health, safety and interest of the public by impairing skill and care in professional services; or

(15)providing engineering, architectural, landscape architectural or surveying services outside of the licensee’s areas of competence. Licensees must demonstrate by education or experience that they are competent to practice in the subject field in question.

(c)A record of conviction of any of the offenses provided in paragraph (b)(1) through (b)(15) above shall be conclusive evidence thereof.

(d)In addition to any other penalty provided in this Section, the Board shall have the power to: revoke, suspend, place on probation, fine and/or reprimand, or refuse to issue, restore or renew, the Certificate of Authorization of any firm, where one

(1)or more of its officers, directors, partners, members, or managers have been found guilty of any conduct which would constitute a violation under the provisions of this Section.

(e)In addition to or in lieu of any other penalty provided in this Section, any licensee who violates a provision of this Chapter, or any rule or regulation pertaining thereto, a civil penalty in an amount determined by the Board of not more than $5,000 for each offense.

(1)Each day of continued violation may constitute a separate offense. COL1242015 CH. 32 PROFESSIONAL ENGINEERS, ARCHITECTS AND LAND SURVEYORS

(2)In determining the amount of civil penalty to be assessed pursuant to this Section, the Board may consider such factors as the following:

(A)whether the amount imposed will be a substantial economic determent to the violation;

(B)the circumstances leading to the violation; and

(C)the severity of the violation and the risk of harm to the public.