§ 12-120-205. Unlawful Practice – Penalties – Enforcement

1. It is unlawful for any individual to hold himself or herself out to the public as a professional engineer unless the individual has complied with the provisions contained in this part 2.
2. It is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to practice, or offer to practice, engineering in this state unless the individual in responsible charge has complied with the provisions of this part 2.
3. Unless licensed or exempted pursuant to this part 2, it is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to use any of the following titles: Civil engineer, structural engineer, chemical engineer, petroleum engineer, mining engineer, mechanical engineer, or electrical engineer. In addition, unless licensed pursuant to this part 2, it is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to use the words “engineer”, “engineered”, or “engineering” in any offer to the public to perform the services set forth in section 12-120-202 (6). Nothing in this subsection (3) shall prohibit the general use of the words “engineer”, “engineered”, and “engineering” so long as such words are not being used in an offer to the public to perform the services set forth in section 12-120-202 (6).
4. It is unlawful for any individual to use in any manner a certificate or certificate number that has not been issued to the individual by the board.
5. The practice of professional engineering in violation of any of the provisions of this part 2 shall be either:
   1. Restrained by injunction in an action brought by the attorney general or by the district attorney in accordance with section 12-20-406; or
   2. Ceased by order of the board pursuant to section 12-20-405.
6. Any person who practices or offers or attempts to practice professional engineering without an active license issued under this part 2 is subject to penalties pursuant to section 12-20-407 (1)(a).
7. After finding that an individual, partnership, professional association, joint stock company, limited liability company, or corporation has unlawfully engaged in the practice of engineering, the board may jointly and severally assess a fine against the unlawfully engaged party in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.
8. An individual practicing professional engineering who is not licensed or exempt shall not collect compensation of any kind for the practice, and, if compensation has been paid, the compensation shall be refunded in full.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 878, § 1, effective October 1.

Editor’s note: This section is similar to former § 12-25-105 as it existed prior to 2019.