§ 12-120-206. Disciplinary Actions – Grounds for Discipline

1. The board may take disciplinary or other action as authorized by section 12-20-404 against, or limit the scope of practice of, any professional engineer or engineer-intern for:
   1. Engaging in fraud, misrepresentation, or deceit in obtaining or attempting to obtain a license or enrollment;
   2. Failing to meet the generally accepted standards of engineering practice whether through act or omission;
   3. A felony that is related to the ability to practice engineering; except that the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea for the purposes of any hearing under this part 2. A plea of nolo contendere, or its equivalent, accepted by the court shall be considered as a conviction.
   4. Violating, or aiding or abetting in the violation of, the provisions of this part 2 or an applicable provision of article 20 of this title 12, any rule adopted by the board in conformance with the provisions of part 1 of this article 120 or this part 2, or any order of the board issued in conformance with the provisions of this part 2;
   5. Using false, deceptive, or misleading advertising;
   6. Performing services beyond one’s competency, training, or education;
   7. Failing to report to the board any professional engineer known to have violated any provision of this part 2 or any board order or rule;
   8. Habitual or excessive use or abuse of alcohol, controlled substances, or any habit-forming drug;
   9. Using any schedule I controlled substance, as set forth in section 18-18-203;
   10. Failing to report to the board any malpractice claim against the professional engineer or any partnership, corporation, limited liability company, or joint stock association of which the professional engineer is a member, that is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned engineering services performed or supervised by the engineer;
   11. Failing to pay any fine assessed pursuant to this part 2;
   12. Violating any law or regulation governing the practice of engineering in another state or jurisdiction. A plea of nolo contendere or its equivalent accepted by the board of another state or jurisdiction may be considered to be the same as a finding of guilty for purposes of any hearing under this part 2.
   13. Using in any manner an expired, suspended, or revoked license, certificate, or seal, practicing or offering to practice when not qualified, or falsely claiming that the individual is licensed.
2. The board may issue and send a letter of admonition by first-class mail to a professional engineer or engineer-intern at his or her last-known address under the circumstances specified in and in accordance with section 12-20-404 (4).
3. In addition to any other penalty that may be imposed pursuant to this article 120, the board may fine any professional engineer violating any provision of this article 120 or any rule promulgated pursuant to this article 120 or section 12-20-204 not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.
4. The board may issue a letter of concern to a professional engineer or an engineer-intern based on any of the grounds specified in subsection (1) of this section without conducting a hearing as specified in section 12-120-207 when an instance of potentially unsatisfactory conduct comes to the board’s attention but, in the board’s judgment, does not warrant formal action by the board. Letters of concern shall be confidential and shall not be disclosed to members of the public or in any court action unless the board is a party.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 879, § 1, effective October 1.

Editor’s note: This section is similar to former § 12-25-108 as it existed prior to 2019.