§ 12-120-207. Disciplinary Proceedings – Injunctive Relief Procedure

1. Section 12-20-403 applies to investigations and hearings under this section.
2. The board upon its own motion may, and upon the receipt of a signed complaint in writing from any person shall, investigate the activities of any professional engineer, engineer-intern, or other person who presents grounds for disciplinary action as specified in this part 2.
3. All charges, unless dismissed by the board, shall be referred to an administrative hearing by the board within five years after the date on which they were filed.
4. 1. The board is authorized to apply for injunctive relief in accordance with section 12-20-406 to enforce the provisions of this part 2 or to restrain any violation thereof.
   2. If the board has reason to believe that any individual has engaged in, or is engaging in, any act or practice that constitutes a violation of any provision of this part 2, the board may initiate proceedings to determine if a violation has occurred.
   3. In any action brought pursuant to this subsection (4), evidence of the commission of a single act prohibited by this article 120 shall be sufficient to justify the issuance of an injunction or a cease-and-desist order.
5. The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
6. Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review.
7. The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 881, § 1, effective October 1.

Editor’s note: This section is similar to former § 12-25-109 as it existed prior to 2019.