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17-30-305. Administrative violations and penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-30-305. Administrative violations and penalties.
(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional engineer who is:
(1) Found guilty of:
(A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization;
(B) Negligence, incompetency, or misconduct in the practice of engineering;
(C) Failure to comply with this chapter, the rules of the board, or an order of the board;
(D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section;
(E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter;
(F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment;
(G) Aiding or assisting another person in violating this chapter or the rules of the board;
(H) Violating a term of probation imposed by the board;
(I) Using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive;
(J) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-30-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-30-305
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4f8153686a8a75de5b2d6fd419bbb9c8f307d041ace05925030f48990a4231e9
Source location: content.xml paragraph 10693
Stored source content
17-30-305. Administrative violations and penalties.
(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional engineer who is:
(1) Found guilty of:
(A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization;
(B) Negligence, incompetency, or misconduct in the practice of engineering;
(C) Failure to comply with this chapter, the rules of the board, or an order of the board;
(D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section;
(E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter;
(F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment;
(G) Aiding or assisting another person in violating this chapter or the rules of the board;
(H) Violating a term of probation imposed by the board;
(I) Using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive;
(J) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision or control;
(K) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;
(L) Providing false testimony or information to the board; or
(M) Habitual intoxication or addiction to the use of drugs or alcohol; or
(2) Found guilty of or enters a plea of guilty or nolo contendere to:
(A) A felony listed under § 17-3-102;
(B) A crime of which an essential element is dishonesty; or
(C) A crime that is directly related to the practice of engineering.
(b) In addition to any other penalty provided in this section, a person who violates this chapter or a rule of the board shall pay to the board a civil penalty in an amount determined by the board of not more than five thousand dollars ($5,000) for each offense.
(c)(1) The board shall adopt rules of professional conduct under § 17-30-203 that shall be published in writing to an applicant for licensure under this chapter and published in the roster.
(2) The publication shall constitute due notice to the licensees.
(3) The board may amend the rules of professional conduct from time to time and shall notify each licensee in writing of the amendments.
(d) The board may:
(1) Revoke a certificate of authorization;
(2) Suspend a certificate of authorization for no more than two (2) years of a firm if one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of the certificate of licensure of the officer or director under this section;
(3) Place a licensee on probation under rules prescribed by the board; or
(4) Levy a fine of not more than five thousand dollars ($5,000) for each offense.
(e) The board may discipline nonlicensees that violate this chapter by imposing a fine of not more than five thousand dollars ($5,000) for each offense.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-3-102. Licensing restrictions based on criminal records.
(a) An individual is not eligible to receive or hold a license issued by a licensing entity if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or otherwise previously sealed, pardoned or expunged under prior law:
(1) Capital murder as prohibited in § 5-10-101;
(2) Murder in the first degree and second degree as prohibited in §§ 5-10-102 and 5-10-103;
(3) Manslaughter as prohibited in § 5-10-104;
(4) Negligent homicide as prohibited in § 5-10-105;
(5) Kidnapping as prohibited in § 5-11-102;
(6) False imprisonment in the first degree as prohibited in § 5-11-103;
(7) Permanent detention or restraint as prohibited in § 5-11-106;
(8) Robbery as prohibited in § 5-12-102;
(9) Aggravated robbery as prohibited in § 5-12-103;
(10) Battery in the first degree as prohibited in § 5-13-201;
(11) Aggravated assault as prohibited in § 5-13-204;
(12) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210;
(13) Aggravated assault upon a law enforcement officer or an employee of a correctional facility as prohibited in § 5-13-211, if a Class Y felony;
(14) Terroristic threatening in the first degree as prohibited in § 5-13-301;
(15) Rape as prohibited in § 5-14-103;
(16) Sexual indecency with a child as prohibited in § 5-14-110;
(17) Sexual extortion as prohibited in § 5-14-113;
(18) Sexual assault in the first degree, second deg
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-3-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-3-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-30-203. Powers, duties, and proceedings.
(a) The State Board of Licensure for Professional Engineers and Professional Surveyors shall:
(1) Meet at least two (2) times each year;
(2) Have a seal that shall be affixed to each certificate of licensure; and
(3) Require that plans, specifications, plats, and reports issued by a professional engineer are stamped with a board-authorized design seal.
(b) The board:
(1) May determine the persons entitled to be licensed and those whose licenses shall be suspended or revoked;
(2) Shall fix the fees and renewal fees;
(3) Shall hold examinations for applicants for licensure not less than two (2) times a year; and
(4) May do any other things necessary to its duties, including the adoption of rules not inconsistent with this chapter, the Arkansas Constitution, and other laws.
(c)(1) The board may subpoena witnesses and compel their attendance and also may require the production of books, papers, and documents.
(2) A member of the board may administer oaths or affirmations to witnesses before the board.
(d) The expenses incurred by the board for the administration of this chapter may be paid by the board.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-30-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-30-203. This identifies an authority to review, not proof of applicability.