§ 5-51-17.1 Initiation of proceedings– Hearings before the board – Appeals – Notice to other states.– (a) The board may initiate proceedings under this chapter against holders of alicense and/or certificate of authorization (hereafter referred to aslicensee(s)) either on its own motion, or on complaint of any person, upon afinding of probable cause by the board, or upon receiving notification fromanother state board of landscape architects or from the appropriate authorityin another country or jurisdiction of its decision to:
(1) Revoke, suspend, or refuse to renew the practiceprivileges granted in that state or in that country or jurisdiction to thelicensee; or
(2) Publicly censure, or censure in writing, limit the scopeof practice of, impose an administrative fine upon, or place on probation thelicensee.
(b) A written notice stating the nature of the charge orcharges against the licensee and the time and place of the hearing before theboard 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 ofthe notice by certified mail, return receipt requested, to the address of thelicensee last known to the board.
(c) If, after being served with the notice of hearing asprovided for in this section, the licensee fails to appear at the hearing andto defend against the stated charges, the board may proceed to hear evidenceagainst the licensee and may enter any order that is justified by the evidence.An order shall be final unless the licensee petitions for a review of the orderas provided in this section. Within thirty (30) days from the date of anyorder, upon a showing of good cause for failing to appear and defend, the boardmay reopen the proceedings and may permit the licensee to submit evidence inhis, her or on its behalf.
(d) At any hearing under this section, the licensee may: (1)appear in person or be represented by counsel; (2) produce evidence andwitnesses on his, her, or its behalf; (3) cross-examine witnesses; and (4)examine any evidence that might be produced. A sole proprietorship may berepresented by counsel before the board or by the sole proprietor. Apartnership or limited liability partnership may be represented before theboard by counsel or any partner. A corporation may be represented by counselbefore the board or any shareholder, officer or director of the corporation. Alimited liability company may be represented before the board by counsel or anymember or manager of the limited liability company. The licensee shall beentitled, upon written application to the board, to the issuance of subpoenasto compel the attendance of witnesses on the licensee's behalf.
(e) The board or any member of the board may issue subpoenasto compel the attendance of witnesses and the production of documents and mayadminister oaths, take testimony, hear proofs and receive exhibits in evidencein connection with or upon hearing under this chapter. In case of disobedienceto a subpoena, the board may petition the superior court to require theattendance and testimony of witnesses and the production of documentaryevidence.
(f) The board shall not be bound by strict rules of procedureor by laws of evidence in the conduct of its proceedings, but any determinationof the board shall be based upon sufficient legal evidence to sustain thedetermination.
(g) A stenographic record of all hearings under this sectionshall be kept and a transcript of the record filed with the board.
(h) The decision of the board shall be made by vote inaccordance with this chapter and with the rules and regulations established bythe board.
(i) Any appeal from the decision of the board, by a person orpersons adversely affected by the decision, shall be governed by §42-35-15.
(j) On rendering a decision to: (1) revoke or suspend orrefuse to renew a license issued under the laws of this state; (2) revoke orsuspend or refuse to renew a certificate of authorization issued under the lawsof this state; or (3) publicly censure, censure in writing, limit the scope ofpractice of, impose an administrative fine upon, or place on probation alicensee, the board shall examine its records to determine whether the licenseeholds a license or a certificate of authorization to practice in any otherstate or country or jurisdiction. If the board determines that the licensee infact holds a license or certificate of authorization, the board shallimmediately notify the board of landscape architecture of the other state orcountry or jurisdiction by mail of its decision under this section, and shallinclude in the notice an indication as to whether or not the licensee hasappealed the decision.
(k) The board may, in its discretion, order any licenseeagainst whom proceedings have been initiated under this chapter to, upon goodcause shown, reimburse the board for any and all fees, expenses, and costsincurred by the board in connection with these proceedings, including attorneysfees. The fees shall be paid within thirty (30) days from the date they areassessed and may be reviewed in accordance with § 42-35-15, and shall bedeposited as general revenues.
(l) The attorney general or his or her deputy shall act aslegal advisor to the board and shall render any legal assistance that may benecessary in carrying out the provisions of this chapter. The board may employother counsel and obtain other necessary assistance to be appointed by thegovernor to aid in the enforcement of this chapter, and the compensation andexpenses shall be paid from the fund of the board.
§ 5-51-17.1 Initiation of proceedings– Hearings before the board – Appeals – Notice to other states.– (a) The board may initiate proceedings under this chapter against holders of alicense and/or certificate of authorization (hereafter referred to aslicensee(s)) either on its own motion, or on complaint of any person, upon afinding of probable cause by the board, or upon receiving notification fromanother state board of landscape architects or from the appropriate authorityin another country or jurisdiction of its decision to:
(1) Revoke, suspend, or refuse to renew the practiceprivileges granted in that state or in that country or jurisdiction to thelicensee; or
(2) Publicly censure, or censure in writing, limit the scopeof practice of, impose an administrative fine upon, or place on probation thelicensee.
(b) A written notice stating the nature of the charge orcharges against the licensee and the time and place of the hearing before theboard 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 ofthe notice by certified mail, return receipt requested, to the address of thelicensee last known to the board.
(c) If, after being served with the notice of hearing asprovided for in this section, the licensee fails to appear at the hearing andto defend against the stated charges, the board may proceed to hear evidenceagainst the licensee and may enter any order that is justified by the evidence.An order shall be final unless the licensee petitions for a review of the orderas provided in this section. Within thirty (30) days from the date of anyorder, upon a showing of good cause for failing to appear and defend, the boardmay reopen the proceedings and may permit the licensee to submit evidence inhis, her or on its behalf.
(d) At any hearing under this section, the licensee may: (1)appear in person or be represented by counsel; (2) produce evidence andwitnesses on his, her, or its behalf; (3) cross-examine witnesses; and (4)examine any evidence that might be produced. A sole proprietorship may berepresented by counsel before the board or by the sole proprietor. Apartnership or limited liability partnership may be represented before theboard by counsel or any partner. A corporation may be represented by counselbefore the board or any shareholder, officer or director of the corporation. Alimited liability company may be represented before the board by counsel or anymember or manager of the limited liability company. The licensee shall beentitled, upon written application to the board, to the issuance of subpoenasto compel the attendance of witnesses on the licensee's behalf.
(e) The board or any member of the board may issue subpoenasto compel the attendance of witnesses and the production of documents and mayadminister oaths, take testimony, hear proofs and receive exhibits in evidencein connection with or upon hearing under this chapter. In case of disobedienceto a subpoena, the board may petition the superior court to require theattendance and testimony of witnesses and the production of documentaryevidence.
(f) The board shall not be bound by strict rules of procedureor by laws of evidence in the conduct of its proceedings, but any determinationof the board shall be based upon sufficient legal evidence to sustain thedetermination.
(g) A stenographic record of all hearings under this sectionshall be kept and a transcript of the record filed with the board.
(h) The decision of the board shall be made by vote inaccordance with this chapter and with the rules and regulations established bythe board.
(i) Any appeal from the decision of the board, by a person orpersons adversely affected by the decision, shall be governed by §42-35-15.
(j) On rendering a decision to: (1) revoke or suspend orrefuse to renew a license issued under the laws of this state; (2) revoke orsuspend or refuse to renew a certificate of authorization issued under the lawsof this state; or (3) publicly censure, censure in writing, limit the scope ofpractice of, impose an administrative fine upon, or place on probation alicensee, the board shall examine its records to determine whether the licenseeholds a license or a certificate of authorization to practice in any otherstate or country or jurisdiction. If the board determines that the licensee infact holds a license or certificate of authorization, the board shallimmediately notify the board of landscape architecture of the other state orcountry or jurisdiction by mail of its decision under this section, and shallinclude in the notice an indication as to whether or not the licensee hasappealed the decision.
(k) The board may, in its discretion, order any licenseeagainst whom proceedings have been initiated under this chapter to, upon goodcause shown, reimburse the board for any and all fees, expenses, and costsincurred by the board in connection with these proceedings, including attorneysfees. The fees shall be paid within thirty (30) days from the date they areassessed and may be reviewed in accordance with § 42-35-15, and shall bedeposited as general revenues.
(l) The attorney general or his or her deputy shall act aslegal advisor to the board and shall render any legal assistance that may benecessary in carrying out the provisions of this chapter. The board may employother counsel and obtain other necessary assistance to be appointed by thegovernor to aid in the enforcement of this chapter, and the compensation andexpenses shall be paid from the fund of the board.
§ 5-51-17.1 Initiation of proceedings– Hearings before the board – Appeals – Notice to other states.– (a) The board may initiate proceedings under this chapter against holders of alicense and/or certificate of authorization (hereafter referred to aslicensee(s)) either on its own motion, or on complaint of any person, upon afinding of probable cause by the board, or upon receiving notification fromanother state board of landscape architects or from the appropriate authorityin another country or jurisdiction of its decision to:
(1) Revoke, suspend, or refuse to renew the practiceprivileges granted in that state or in that country or jurisdiction to thelicensee; or
(2) Publicly censure, or censure in writing, limit the scopeof practice of, impose an administrative fine upon, or place on probation thelicensee.
(b) A written notice stating the nature of the charge orcharges against the licensee and the time and place of the hearing before theboard 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 ofthe notice by certified mail, return receipt requested, to the address of thelicensee last known to the board.
(c) If, after being served with the notice of hearing asprovided for in this section, the licensee fails to appear at the hearing andto defend against the stated charges, the board may proceed to hear evidenceagainst the licensee and may enter any order that is justified by the evidence.An order shall be final unless the licensee petitions for a review of the orderas provided in this section. Within thirty (30) days from the date of anyorder, upon a showing of good cause for failing to appear and defend, the boardmay reopen the proceedings and may permit the licensee to submit evidence inhis, her or on its behalf.
(d) At any hearing under this section, the licensee may: (1)appear in person or be represented by counsel; (2) produce evidence andwitnesses on his, her, or its behalf; (3) cross-examine witnesses; and (4)examine any evidence that might be produced. A sole proprietorship may berepresented by counsel before the board or by the sole proprietor. Apartnership or limited liability partnership may be represented before theboard by counsel or any partner. A corporation may be represented by counselbefore the board or any shareholder, officer or director of the corporation. Alimited liability company may be represented before the board by counsel or anymember or manager of the limited liability company. The licensee shall beentitled, upon written application to the board, to the issuance of subpoenasto compel the attendance of witnesses on the licensee's behalf.
(e) The board or any member of the board may issue subpoenasto compel the attendance of witnesses and the production of documents and mayadminister oaths, take testimony, hear proofs and receive exhibits in evidencein connection with or upon hearing under this chapter. In case of disobedienceto a subpoena, the board may petition the superior court to require theattendance and testimony of witnesses and the production of documentaryevidence.
(f) The board shall not be bound by strict rules of procedureor by laws of evidence in the conduct of its proceedings, but any determinationof the board shall be based upon sufficient legal evidence to sustain thedetermination.
(g) A stenographic record of all hearings under this sectionshall be kept and a transcript of the record filed with the board.
(h) The decision of the board shall be made by vote inaccordance with this chapter and with the rules and regulations established bythe board.
(i) Any appeal from the decision of the board, by a person orpersons adversely affected by the decision, shall be governed by §42-35-15.
(j) On rendering a decision to: (1) revoke or suspend orrefuse to renew a license issued under the laws of this state; (2) revoke orsuspend or refuse to renew a certificate of authorization issued under the lawsof this state; or (3) publicly censure, censure in writing, limit the scope ofpractice of, impose an administrative fine upon, or place on probation alicensee, the board shall examine its records to determine whether the licenseeholds a license or a certificate of authorization to practice in any otherstate or country or jurisdiction. If the board determines that the licensee infact holds a license or certificate of authorization, the board shallimmediately notify the board of landscape architecture of the other state orcountry or jurisdiction by mail of its decision under this section, and shallinclude in the notice an indication as to whether or not the licensee hasappealed the decision.
(k) The board may, in its discretion, order any licenseeagainst whom proceedings have been initiated under this chapter to, upon goodcause shown, reimburse the board for any and all fees, expenses, and costsincurred by the board in connection with these proceedings, including attorneysfees. The fees shall be paid within thirty (30) days from the date they areassessed and may be reviewed in accordance with § 42-35-15, and shall bedeposited as general revenues.
(l) The attorney general or his or her deputy shall act aslegal advisor to the board and shall render any legal assistance that may benecessary in carrying out the provisions of this chapter. The board may employother counsel and obtain other necessary assistance to be appointed by thegovernor to aid in the enforcement of this chapter, and the compensation andexpenses shall be paid from the fund of the board.
