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PAG LIN 1 1 Section 1. Section 542B.16, Code 1995, is amended to read 1 2 as follows: 1 3 542B.16 SEAL – CERTIFICATE OF RESPONSIBILITY – 1 4 REPRODUCTIONS. 1 5 1. Eachregistrantlicensee, uponregistrationlicensure, 1 6mayshall obtain a seal. If the registrant obtains or uses a1 7seal, it shall beof a design approved by the board, bearing 1 8 theregistrant'slicensee's name, Iowaregistrationlicense 1 9 number, and the words "professional engineer" or "land 1 10 surveyor" or both, as the case may be. A legible rubber stamp 1 11 or other facsimile of the seal may be used and shall have the 1 12 same effect as the use of the actual seal. 1 13 2. All engineering documents and land surveying documents 1 14 shall be dated and shall contain all of the following:(1)1 15 a. The signature of theregistrantlicensee in responsible 1 16 charge; (2) a certificate. 1 17 b. A certification that the work was done bysuch1 18registrantthe licensee or under theregistrant'slicensee's 1 19 direct personal supervision; and (3) the. 1 20 c. The Iowaregistration number orlegible seal ofsuch1 21registrantthe licensee. 1 22If engineering documents or land surveying documents comply1 23with this section, reproductions thereof also comply with this1 24section if the date, signature, certificate, and registration1 25number thereon are legibly reproduced.1 26 3.NoAn agency,of this state and nosubdivision, or 1 27 municipal corporation of this state,nor anyor an officer 1 28thereofof the state, subdivision, or municipal corporation, 1 29 shall not file for record or approve any engineering document 1 30 or land surveying document which does not comply with this 1 31 section. 1 32 4.No registrantA licensee shall not place the 1 33registrant'slicensee's signature or seal on any engineering 1 34 document or land surveying document unless theregistrant1 35 licensee was in responsible charge of the work, except that 2 1 theregistrantlicensee may do so if theregistrantlicensee 2 2 contributed to the work and theregistrantlicensee in 2 3 responsible charge has signed and certified the work. 2 4 5. Violation of this section by aregistrantlicensee 2 5 shall be deemed fraud and deceit in theregistrant's2 6 licensee's practice. 2 7 Sec. 2. NEW SECTION. 542B.27 CIVIL PENALTY. 2 8 1. a. In addition to any other penalties provided for in 2 9 this section, the board may by order impose a civil penalty 2 10 upon a person who is not registered under this chapter as a 2 11 professional engineer or a land surveyor and who does any of 2 12 the following: 2 13 (1) Engages in or offers to engage in the practice of 2 14 professional engineering or land surveying. 2 15 (2) Uses or employs the words "professional engineer" or 2 16 "land surveyor", or implies authorization to provide or offer 2 17 professional engineering or land surveying services, or 2 18 otherwise uses or advertises any title, word, figure, sign, 2 19 card, advertisement, or other symbol or description tending to 2 20 convey the impression that the person is a professional 2 21 engineer or land surveyor or is engaged in the practice of 2 22 professional engineering or land surveying. 2 23 (3) Presents or attempts to use the certificate of 2 24 registration or the seal of a professional engineer or land 2 25 surveyor. 2 26 (4) Gives false or forged evidence of any kind to the 2 27 board or any member of the board in obtaining or attempting to 2 28 obtain a certificate of registration. 2 29 (5) Falsely impersonates any registered professional 2 30 engineer or land surveyor. 2 31 (6) Uses or attempts to use an expired, suspended, 2 32 revoked, or nonexistent certificate of registration. 2 33 (7) Knowingly aids or abets an unregistered person who 2 34 engages in any activity identified in this paragraph. 2 35 b. A civil penalty imposed shall not exceed one thousand 3 1 dollars for each offense. Each day of a continued violation 3 2 constitutes a separate offense. 3 3 c. In determining the amount of a civil penalty to be 3 4 imposed, the board may consider any of the following: 3 5 (1) Whether the amount imposed will be a substantial 3 6 economic deterrent to the violation. 3 7 (2) The circumstances leading to the violation. 3 8 (3) The severity of the violation and the risk of harm to 3 9 the public. 3 10 (4) The economic benefits gained by the violator as a 3 11 result of noncompliance. 3 12 (5) The interest of the public. 3 13 d. Before issuing an order under this section, the board 3 14 shall provide the person written notice and the opportunity to 3 15 request a hearing on the record. The hearing must be 3 16 requested within thirty days of the issuance of the notice and 3 17 shall be conducted in the same manner as provided in section 3 18 542B.22. 3 19 e. The board, in connection with a proceeding under this 3 20 subsection, may issue subpoenas to compel the attendance and 3 21 testimony of witnesses and the disclosure of evidence, and may 3 22 request the attorney general to bring an action to enforce the 3 23 subpoena. 3 24 f. A person aggrieved by the imposition of a civil penalty 3 25 under this subsection may seek judicial review in accordance 3 26 with section 17A.19. 3 27 g. If a person fails to pay a civil penalty within thirty 3 28 days after entry of an order under paragraph "a", or if the 3 29 order is stayed pending an appeal within ten days after the 3 30 court enters a final judgment in favor of the board, the board 3 31 shall notify the attorney general. The attorney general may 3 32 commence an action to recover the amount of the penalty, 3 33 including reasonable attorney's fees and costs. 3 34 h. An action to enforce an order under this section may be 3 35 joined with an action for an injunction. 4 1 Sec. 3. Section 544A.15, Code 1995, is amended to read as 4 2 follows: 4 3 544A.15 UNLAWFUL PRACTICE – VIOLATIONS – PENALTY – 4 4 CONSENT AGREEMENT – CIVIL PENALTY. 4 5 1. It is unlawful for a person to engage in or to offer to 4 6 engage in the practice of architecture in this state or use in 4 7 connection with the person's name the title "architect", 4 8 "registered architect", or "architectural designer", or to 4 9 imply that the person provides or offers to provide 4 10 professional architectural services, or to otherwise assume, 4 11 use, or advertise any title, word, figure, sign, card, 4 12 advertisement, or other symbol or description tending to 4 13 convey the impression that the person is an architect or is 4 14 engaged in the practice of architecture unless the person is 4 15 qualified by registration as provided in this chapter. 4 16 2. A person who violates this section is guilty of a 4 17 serious misdemeanor. 4 18 3. a. In addition to the criminal penalty provided for in 4 19 this section, the board may by order impose a civil penalty 4 20 upon a person who is not registered under this chapter as an 4 21 architect pursuant to this chapter and who does any of the 4 22 following: 4 23 (1) Engages in or offers to engage in the practice of 4 24 architecture. 4 25 (2) Uses or employs the words "architect", "registered 4 26 architect", "architectural designer", or implies authorization 4 27 to provide or offer professional architectural services, or 4 28 otherwise uses or advertises any title, word, figure, sign, 4 29 card, advertisement, or other symbol or description tending to 4 30 convey the impression that the person or entity is an 4 31 architect or is engaged in the practice of architecture. 4 32 (3) Presents or attempts to use the certificate of 4 33 registration or the seal of an architect. 4 34 (4) Gives false or forged evidence of any kind to the 4 35 board or any member of the board in obtaining or attempting to 5 1 obtain a certificate of registration. 5 2 (5) Falsely impersonates any other registered architect. 5 3 (6) Uses or attempts to use an expired, suspended, 5 4 revoked, or nonexistent certificate of registration. 5 5 (7) Knowingly aids or abets an unregistered person who 5 6 engages in any activity identified in this paragraph. 5 7 b. A civil penalty imposed shall not exceed one thousand 5 8 dollars for each offense. Each day of a continued violation 5 9 constitutes a separate offense. 5 10 c. In determining the amount of a civil penalty to be 5 11 imposed, the board may consider any of the following: 5 12 (1) Whether the amount imposed will be a substantial 5 13 economic deterrent to the violation. 5 14 (2) The circumstances leading to the violation. 5 15 (3) The severity of the violation and the risk of harm to 5 16 the public. 5 17 (4) The economic benefits gained by the violator as a 5 18 result of noncompliance. 5 19 (5) The interest of the public. 5 20 d. Before issuing an order under this section, the board 5 21 shall provide the person written notice and the opportunity to 5 22 request a hearing on the record. The hearing must be 5 23 requested within thirty days of the issuance of the notice and 5 24 shall be conducted in the same manner as provided for 5 25 disciplinary proceedings involving a registered architect. 5 26 e. The board, in connection with a proceeding under this 5 27 subsection, may issue subpoenas to compel the attendance and 5 28 testimony of witnesses and the disclosure of evidence, and may 5 29 request the attorney general to bring an action to enforce the 5 30 subpoena. 5 31 f. A person aggrieved by the imposition of a civil penalty 5 32 under this subsection may seek judicial review in accordance 5 33 with section 17A.19. 5 34 g. If a person fails to pay a civil penalty within thirty 5 35 days after entry of an order under paragraph "a", or if the 6 1 order is stayed pending an appeal, within ten days after the 6 2 court enters a final judgment in favor of the board, the board 6 3 shall notify the attorney general. The attorney general may 6 4 commence an action to recover the amount of the penalty, 6 5 including reasonable attorney's fees and costs. 6 6 h. An action to enforce an order under this section may be 6 7 joined with an action for an injunction. 6 8 4. The board at its discretion and in lieu of prosecuting 6 9 a first offensedescribed inunder this section may enter into 6 10 a consent agreement with a violator, or with a person guilty 6 11 of aiding or abetting a violator, which acknowledges the 6 12 violation and the violator's agreement to refrain from any 6 13 further violations. 6 14 Sec. 4. Sections 542B.1 and 542B.26, Code Supplement 1995, 6 15 are amended by striking from the sections the word 6 16 "registered" and inserting in lieu thereof the word 6 17 "licensed". 6 18 Sec. 5. Sections 542B.3, 542B.10, 542B.11, 542B.18, 6 19 542B.20, and 542B.35, Code 1995, are amended by striking from 6 20 the sections the word "registered" and inserting in lieu 6 21 thereof the word "licensed". 6 22 Sec. 6. Sections 542B.6, 542B.10, 542B.11, 542B.15, 6 23 542B.18, 542B.19, 542B.20, 542B.25, and 542B.30, Code 1995, 6 24 are amended by striking from the sections the word 6 25 "registration" and inserting in lieu thereof the word 6 26 "licensure". 6 27 Sec. 7. Sections 542B.13, 542B.14, 542B.17, 542B.21, and 6 28 542B.26, Code Supplement 1995, are amended by striking from 6 29 the sections the word "registration" and inserting in lieu 6 30 thereof the word "licensure". 6 31 Sec. 8. Section 542B.18, Code 1995, is amended by striking 6 32 from the section the word "registrant" and inserting in lieu 6 33 thereof the word "licensee". 6 34 Sec. 9. Section 542B.20, Code 1995, is amended by striking 6 35 from the section the word "registrants" and inserting in lieu 7 1 thereof the word "licensees". 7 2 Sec. 10. Section 542B.21, Code Supplement 1995, is amended 7 3 by striking from the section the word "registrant's" and 7 4 inserting in lieu thereof the word "licensee's". 7 5 Sec. 11. Section 542B.21, Code Supplement 1995, is amended 7 6 by striking from the section the word "registrant" and 7 7 inserting in lieu thereof the word "licensee". 7 8 HF 2318 7 9 mj/pk/25
Text: HF02317 Text: HF02319 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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