Colorado § 12-120-305 - Unlawful practice - penalties - enforcement.

§ 12-120-305. Unlawful practice - penalties - enforcement.

(1) It is unlawful for any individual to practice or offer to practice professional land surveying in Colorado without being licensed in accordance with the provisions of this part 3, or for any individual or entity to use or employ the words "land surveyor", "land surveying", or "professional land surveyor" or words of similar meaning or any modification or derivative except as authorized in this part 3.

(2) It is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to practice, or offer to practice, land surveying in this state unless the individual in responsible charge has complied with the provisions of this part 3.

(3) The practice of professional land surveying in violation of any of the provisions of this part 3 shall be either:

(a) Restrained by injunction in an action brought by the attorney general or by the district attorney in accordance with section 12-20-406; or

(b) Ceased by order of the board pursuant to section 12-20-405.

(4) Any person who practices or offers or attempts to practice professional land surveying without an active license issued under this part 3 is subject to penalties pursuant to section 12-20-407 (1)(a).

(5) It is the duty of all duly constituted officers of the law of Colorado, or any political subdivision thereof, to enforce the provisions of this part 3 and to prosecute any person violating this part 3.

(6) The attorney general or the attorney general's assistant shall act as legal advisor to the board and render timely legal assistance as may be necessary in carrying out the provisions of this part 3. With the concurrence of the attorney general, the board may employ counsel and assistance necessary to aid in the enforcement of this part 3, and the compensation and expenses therefor shall be paid from the funds of the board.

(7) Any individual practicing professional land surveying, as defined in this part 3, who is not licensed or exempt shall not collect compensation of any kind for the practice, and, if compensation has been paid, the compensation shall be refunded in full.

(8) After finding that an individual has unlawfully engaged in the practice of professional land surveying, the board may assess a fine against the unlawfully engaged individual in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 893, § 1, effective October 1.

Editor's note: This section is similar to former § 12-25-205 as it existed prior to 2019.

ANNOTATION

Annotator's note. The following annotations include a case decided under former provisions similar to this section.

This section provides express criminal sanctions should a surveyor, or an outsider, violate seal certification. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).

Section 38-51-104 similar. Section 38-51-104 contains both criminal sanctions for a violation of the minimum standards for land surveys and plats, and prosecutorial commands similar to this section and § 12-25-213. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).

Prosecutors. The attorney general and assistants and the district attorney are authorized to prosecute violations or institute proceedings by injunction. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).