Text: HSB00551 Text: HSB00553 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 542B.27 CIVIL PENALTY. 1 2 1. a. In addition to any other penalties provided for in 1 3 this section, the board may by order impose a civil penalty 1 4 upon a person who is not registered under this chapter as a 1 5 professional engineer or a land surveyor and who does any of 1 6 the following: 1 7 (1) Engages in or offers to engage in the practice of 1 8 professional engineering or land surveying. 1 9 (2) Uses or employs the words "professional engineer" or 1 10 "land surveyor", or implies authorization to provide or offer 1 11 professional engineering or land surveying services, or 1 12 otherwise uses or advertises any title, word, figure, sign, 1 13 card, advertisement, or other symbol or description tending to 1 14 convey the impression that the person is a professional 1 15 engineer or land surveyor or is engaged in the practice of 1 16 professional engineering or land surveying. 1 17 (3) Presents or attempts to use the certificate of 1 18 registration or the seal of a professional engineer or land 1 19 surveyor. 1 20 (4) Gives false or forged evidence of any kind to the 1 21 board or any member of the board in obtaining or attempting to 1 22 obtain a certificate of registration. 1 23 (5) Falsely impersonates any registered professional 1 24 engineer or land surveyor. 1 25 (6) Uses or attempts to use an expired, suspended, 1 26 revoked, or nonexistent certificate of registration. 1 27 (7) Knowingly aids or abets an unregistered person who 1 28 engages in any activity identified in this paragraph. 1 29 b. A civil penalty imposed shall not exceed one thousand 1 30 dollars for each offense. Each day of a continued violation 1 31 constitutes a separate offense. 1 32 c. In determining the amount of a civil penalty to be 1 33 imposed, the board may consider any of the following: 1 34 (1) Whether the amount imposed will be a substantial 1 35 economic deterrent to the violation. 2 1 (2) The circumstances leading to the violation. 2 2 (3) The severity of the violation and the risk of harm to 2 3 the public. 2 4 (4) The economic benefits gained by the violator as a 2 5 result of noncompliance. 2 6 (5) The interest of the public. 2 7 d. Before issuing an order under this section, the board 2 8 shall provide the person written notice and the opportunity to 2 9 request a hearing on the record. The hearing must be 2 10 requested within thirty days of the issuance of the notice and 2 11 shall be conducted in the same manner as provided in section 2 12 542B.22. 2 13 e. The board, in connection with a proceeding under this 2 14 subsection, may issue subpoenas to compel the attendance and 2 15 testimony of witnesses and the disclosure of evidence, and may 2 16 request the attorney general to bring an action to enforce the 2 17 subpoena. 2 18 f. A person aggrieved by the imposition of a civil penalty 2 19 under this subsection may seek judicial review in accordance 2 20 with section 17A.19. 2 21 g. If a person fails to pay a civil penalty within thirty 2 22 days after entry of an order under paragraph "a", or if the 2 23 order is stayed pending an appeal within ten days after the 2 24 court enters a final judgment in favor of the board, the board 2 25 shall notify the attorney general. The attorney general may 2 26 commence an action to recover the amount of the penalty, 2 27 including reasonable attorney's fees and costs. 2 28 h. An action to enforce an order under this section may be 2 29 joined with an action for an injunction. 2 30 Sec. 2. Section 544A.15, Code 1995, is amended to read as 2 31 follows: 2 32 544A.15 UNLAWFUL PRACTICE &endash; VIOLATIONS &endash; PENALTY &endash; 2 33 CONSENT AGREEMENT &endash; CIVIL PENALTY. 2 34 1. It is unlawful for a person to engage in or to offer to 2 35 engage in the practice of architecture in this state or use in 3 1 connection with the person's name the title "architect", 3 2 "registered architect", or "architectural designer", or to 3 3 imply that the person provides or offers to provide 3 4 professional architectural services, or to otherwise assume, 3 5 use, or advertise any title, word, figure, sign, card, 3 6 advertisement, or other symbol or description tending to 3 7 convey the impression that the person is an architect or is 3 8 engaged in the practice of architecture unless the person is 3 9 qualified by registration as provided in this chapter. 3 10 2. A person who violates this section is guilty of a 3 11 serious misdemeanor. 3 12 3. a. In addition to the criminal penalty provided for in 3 13 this section, the board may by order impose a civil penalty 3 14 upon a person who is not registered under this chapter as an 3 15 architect pursuant to this chapter and who does any of the 3 16 following: 3 17 (1) Engages in or offers to engage in the practice of 3 18 architecture. 3 19 (2) Uses or employs the words "architect", "registered 3 20 architect", "architectural designer", or implies authorization 3 21 to provide or offer professional architectural services, or 3 22 otherwise uses or advertises any title, word, figure, sign, 3 23 card, advertisement, or other symbol or description tending to 3 24 convey the impression that the person or entity is an 3 25 architect or is engaged in the practice of architecture. 3 26 (3) Presents or attempts to use the certificate of 3 27 registration or the seal of an architect. 3 28 (4) Gives false or forged evidence of any kind to the 3 29 board or any member of the board in obtaining or attempting to 3 30 obtain a certificate of registration. 3 31 (5) Falsely impersonates any other registered architect. 3 32 (6) Uses or attempts to use an expired, suspended, 3 33 revoked, or nonexistent certificate of registration. 3 34 (7) Knowingly aids or abets an unregistered person who 3 35 engages in any activity identified in this paragraph. 4 1 b. A civil penalty imposed shall not exceed one thousand 4 2 dollars for each offense. Each day of a continued violation 4 3 constitutes a separate offense. 4 4 c. In determining the amount of a civil penalty to be 4 5 imposed, the board may consider any of the following: 4 6 (1) Whether the amount imposed will be a substantial 4 7 economic deterrent to the violation. 4 8 (2) The circumstances leading to the violation. 4 9 (3) The severity of the violation and the risk of harm to 4 10 the public. 4 11 (4) The economic benefits gained by the violator as a 4 12 result of noncompliance. 4 13 (5) The interest of the public. 4 14 d. Before issuing an order under this section, the board 4 15 shall provide the person written notice and the opportunity to 4 16 request a hearing on the record. The hearing must be 4 17 requested within thirty days of the issuance of the notice and 4 18 shall be conducted in the same manner as provided for 4 19 disciplinary proceedings involving a registered architect. 4 20 e. The board, in connection with a proceeding under this 4 21 subsection, may issue subpoenas to compel the attendance and 4 22 testimony of witnesses and the disclosure of evidence, and may 4 23 request the attorney general to bring an action to enforce the 4 24 subpoena. 4 25 f. A person aggrieved by the imposition of a civil penalty 4 26 under this subsection may seek judicial review in accordance 4 27 with section 17A.19. 4 28 g. If a person fails to pay a civil penalty within thirty 4 29 days after entry of an order under paragraph "a", or if the 4 30 order is stayed pending an appeal, within ten days after the 4 31 court enters a final judgment in favor of the board, the board 4 32 shall notify the attorney general. The attorney general may 4 33 commence an action to recover the amount of the penalty, 4 34 including reasonable attorney's fees and costs. 4 35 h. An action to enforce an order under this section may be 5 1 joined with an action for an injunction. 5 2 4. The board at its discretion and in lieu of prosecuting 5 3 a first offensedescribed inunder this section may enter into 5 4 a consent agreement with a violator, or with a person guilty 5 5 of aiding or abetting a violator, which acknowledges the 5 6 violation and the violator's agreement to refrain from any 5 7 further violations. 5 8 EXPLANATION 5 9 This bill authorizes the engineering and land surveying 5 10 examining board and the architectural examining board to 5 11 impose a civil penalty upon a person who is not registered 5 12 under chapter 542B as an engineer or land surveyor, or under 5 13 chapter 544A as an architect, and who engages in certain acts 5 14 involving the practice of engineering or land surveying or the 5 15 practice of architecture. Specific acts which would trigger 5 16 the possible imposition of the civil penalty include holding 5 17 oneself out as being registered, presenting or attempting to 5 18 use the certificate of another registered person, falsely 5 19 impersonating another registered person, using or attempting 5 20 to use an expired, suspended, revoked, or nonexistent 5 21 certificate of registration, or knowingly aiding or abetting 5 22 an unregistered person who engages in any such activity. The 5 23 civil penalty imposed can be no more than $1,000 for each 5 24 violation with each day of a continuing violation constituting 5 25 a separate offense. 5 26 The board involved in imposing the penalty is permitted to 5 27 consider certain identified factors in determining the amount 5 28 of the civil penalty. The board must provide written notice 5 29 to the person and the opportunity for a hearing on the record. 5 30 The board, in connection with a hearing, is empowered to issue 5 31 subpoenas to compel the attendance and testimony of witnesses 5 32 and the disclosure of evidence, and may request the attorney 5 33 general to bring an action to enforce the subpoena. A person 5 34 against whom a civil penalty is imposed may seek judicial 5 35 review in accordance with section 17A.19. 6 1 If a person fails to pay a civil penalty within 30 days 6 2 after entry of an order, or if the order is stayed pending an 6 3 appeal, within 10 days after the court enters a final judgment 6 4 in favor of the board, the board shall notify the attorney 6 5 general. The attorney general may commence an action to 6 6 recover the amount of the penalty, including reasonable 6 7 attorney's fees and costs. An action to enforce an order 6 8 under this section may be joined with an action for an 6 9 injunction. 6 10 BACKGROUND STATEMENT 6 11 SUBMITTED BY THE AGENCY 6 12 The engineering, land surveying, and architecture 6 13 professions frequently have complaint cases against 6 14 nonregistrants. The trend throughout the states in 6 15 cooperation with the national councils is to provide for the 6 16 possibility of imposing civil penalties against nonregistrants 6 17 that violate the statute. 6 18 The proposed legislation is similar to a draft provided by 6 19 the National Council of Examiners for Engineers and Surveyors. 6 20 This legislation would allow the Boards to proceed with 6 21 violators in an equitable manner. Nonregistrants violating 6 22 the terms of an order would be handled by the attorney 6 23 general's office. 6 24 LSB 3303DP 76 6 25 mj/jj/8
Text: HSB00551 Text: HSB00553 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HSB/00500/HSB00552/960131.html
jhf