Colorado § 12-120-306 - Disciplinary actions - grounds for discipline.

§ 12-120-306. Disciplinary actions - grounds for discipline.

(1) The board may take disciplinary or other action as authorized by section 12-20-404 against, limit the scope of practice of, or require additional training of any professional land surveyor or land surveyor-intern for:

(a) Engaging in fraud, misrepresentation, or deceit in obtaining or attempting to obtain a license or enrollment;

(b) Failing to meet the generally accepted standards of the practice of land surveying through act or omission;

(c) A felony that is related to the ability to practice land surveying. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea for the purposes of any hearing under this part 3. A plea of nolo contendere, or its equivalent, accepted by the court shall be considered as a conviction.

(d) Violating, attempting to violate, or aiding or abetting the violation or attempted violation of:

(I) Any provision of this part 3, an applicable provision of article 20 of this title 12, or any provision of article 50, 51, 52, or 53 of title 38;

(II) Any rule adopted by the board in conformance with the provisions of part 1 of this article 120 or this part 3; or

(III) Any order of the board issued in conformance with the provisions of this part 3;

(e) Using false, deceptive, or misleading advertising;

(f) Performing services beyond one's competency, training, or education;

(g) Failing to report to the board any professional land surveyor known to have violated any provision of this part 3 or any board order or rule;

(h) Habitual or excessive use or abuse of alcohol, controlled substances, or any habit-forming drug;

(i) Using any schedule I controlled substance, as set forth in section 18-18-203;

(j) Failing to report to the board any malpractice claim against the professional land surveyor or any partnership, limited liability company, corporation, or joint stock association of which the professional land surveyor is a member, which claim is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned surveying services performed or supervised by the land surveyor;

(k) Failing to pay any fine assessed pursuant to this part 3;

(l) Violating any law or regulation governing the practice of professional land surveying in another state or jurisdiction. A plea of nolo contendere or its equivalent accepted by the board of another state or jurisdiction may be considered to be the same as a finding of guilty for purposes of any hearing under this part 3.

(m) Attempting to use an expired, revoked, suspended, or nonexistent license; practicing or offering to practice when not qualified; or falsely claiming that the individual is licensed;

(n) Using in any manner a license, license number, or certificate that has not been issued to the individual by the board; or

(o) Failing to respond to allegations in a complaint within the length of time specified in the letter issued by the board in accordance with subsection (2) of this section.

(2) The board may issue and send a letter of admonition by first-class mail or email to a professional land surveyor or land surveyor-intern at the individual's last-known address under the circumstances specified in and in accordance with section 12-20-404 (4).

(3) In addition to any other penalty that may be imposed pursuant to this section, the board may fine any professional land surveyor violating any provision of this article 120 or any rule promulgated pursuant to this article 120 not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.

(4) The board may issue a letter of concern in accordance with section 12-20-404 (5) to a professional land surveyor or land surveyor-intern based on any of the grounds specified in subsection (1) of this section without conducting a hearing as specified in section 12-120-307 when an instance of potentially unsatisfactory conduct comes to the board's attention but, in the board's judgment, does not warrant formal action by the board. Letters of concern shall be confidential and shall not be disclosed to members of the public or in any court action unless the board is a party.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 894, § 1, effective October 1. L. 2024: IP(1), (1)(m), (1)(n), and (2) amended and (1)(o) added, (HB 24-1329), ch. 342, pp. 2314, 2317, §§ 9, 19, effective August 7. L. 2026: (2) amended, (HB 26-1324), ch. 328, p. 1908, § 9, effective August 12.

Editor's note: This section is similar to former § 12-25-208 as it existed prior to 2019.

ANNOTATION

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

Responsibility to public. The required seal specified in § 12-25-209(3) acknowledges the surveyor's responsibility to protect the public for any mistakes or negligence in the survey which bears the seal. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).

Licensee not required to revoke certification on changed documents. The statutes governing the licensing of surveyors and engineers do not require that where documents prepared by one licensed under their authority have been changed without the licensee's knowledge or approval before they become of public record, the licensee has an obligation to revoke his certification on them. Such a duty is nowhere mentioned in any of the statutes. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).

Such action was arbitrary and unreasonable. Where landowner, who had contracted for survey and platting of land, altered two plats without surveyor's knowledge or permission, surveyor's revocation of its certificate for all the plats filed with the county planning commission, which action rendered its work totally valueless to landowner, was arbitrary and unreasonable. S. Park Land & Livestock Co. v. Hamilton Enters., Ltd., 189 Colo. 157, 538 P.2d 444 (1975).

There is nothing in the statute that provides for the tolling of the three-month limit by investigations of the board, and it is incumbent upon the board to comply with the terms of the act which created it. Fenwick v. Colo. State Bd. of Registration, 31 Colo. App. 501, 503 P.2d 1038 (1972).